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In Georgia, getting a speeding ticket or any other moving violation can add points to your driving record. As a result, these points can raise your insurance rates, put your license at risk of suspension, and create long-term problems.

Fortunately, a Zero-Point Order is a special option under Georgia law that allows a judge to ensure no points are added to your license—as long as you meet certain requirements. You will still have the violation on your record, and you will still need to pay a fine (sometimes a slightly reduced one). However, you avoid the points that could harm your driving record and increase your insurance costs.

Here’s why you might want to request a Zero-Point Order:

• You take a state-approved defensive driving course.
• You bring the course certificate to court.
• The judge agrees to issue the Zero-Point Order.
• Ultimately, you pay the fine (often reduced by about 20%), receive zero points, keep your record clean, and reduce the likelihood of an insurance increase.

If you received a speeding ticket in Henry County State Court, and you want to protect your license while keeping your insurance costs down, a Zero-Point Order is definitely worth considering. Keep in mind, it isn’t automatic—you must take the course, appear in court, and obtain the judge’s approval—but it often pays off.

For guidance, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.

Imagine waking up one morning to discover that law enforcement knows exactly where you were on a given night, not because they obtained a warrant for your specific phone, but because they swept up location data from every device in a particular area at a particular time. This is not science fiction; it is the reality of geofence warrants issued in Douglas County, an increasingly common investigative tool that raises profound questions about privacy, technology, and the Fourth Amendment.

A geofence warrant is a court order that requires technology companies—most often Google—to sift through historical location data from all devices within a defined geographic boundary (the “geofence”) during a specified time period. Rather than naming a suspect or a particular device, Douglas County prosecutors describe the boundaries of a crime scene or other relevant area on a map and ask for the location “pings” of every smartphone, tablet, or wearable that was present there. The intent is to identify potential suspects whose devices moved into the geofenced area at the relevant time.

On their face, geofence warrants appear to be a powerful tool for locating suspects in serious crimes. However, they come with a significant trade‑off: massive data collection. By design, these warrants scoop up information on innocent people—journalists visiting a protest, bystanders walking through a park, or someone on an errand near the crime scene. Gathering such broad swaths of private data infringes on the constitutional protection against unreasonable searches in Douglas County.

The Fourth Amendment guarantees that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Traditional warrants describe a particular person or place with specificity; a geofence warrant, by contrast, asks for every device in a wide area. Courts have struggled to reconcile this tension. In the 2018 Supreme Court decision Carpenter v. United States, the Court held that accessing historical cell‑site location information generally requires a warrant supported by probable cause. Although Carpenter did not directly address geofence warrants, it set the stage for heightened scrutiny of digital‑age searches.

In a typical scenario, a Douglas County investigator investigating a burglary or assault will outline on a digital map the location and time frame of the crime. The warrant is served on a technology company, like Google, which compiles a list of device identifiers—known as “anonymous identifiers”—that pinged the defined area during that window. Law enforcement then reviews metadata such as device movement patterns and, in some cases, supplementary information like Google profile data or Wi‑Fi network connections. From this list, Douglas County investigators narrow down their focus to devices whose behavior suggests involvement, then seek further warrants to unmask the individual owners.

Because geofence warrants collect data indiscriminately, they inevitably sweep in bystanders. Someone who stopped for coffee near the scene, simply drove down the block, or where at home and live in the area can be subjected to scrutiny. This raises difficult questions: Should a person’s lawful presence near a public place be treated as probable cause for police investigation? Does the mere fact of carrying a smartphone turn every citizen into what the courts have begun calling a “digital witness” to crime? These are not idle concerns; the scale of modern data retention means that our digital footprints can be preserved for years, potentially exposing innocent, unknowing, and un-consenting people to legal trouble long after any alleged crime.

Defense attorneys have begun to push back by filing motions to suppress evidence obtained through geofence warrants. These challenges typically argue that such warrants are overbroad and violate the Fourth Amendment’s requirement of particularity. Some courts have responded by narrowing the scope of these warrants—limiting them to devices displaying “suspicious” behavior, such as remaining on site during the crime and then rapidly departing. Others have demanded more precise descriptions of suspects or more targeted time frames. Although the law in this area is still evolving, successful suppression motions can force Douglas County prosecutors to either abandon digital leads or gather evidence through more traditional, narrowly tailored means.

If you are not under investigation, there are still steps you can take to safeguard your location information. Many smartphones allow you to disable or limit location history—Google’s “Location History” setting, for instance, can be turned off altogether. Using privacy‑minded navigation apps that do not store your data or setting your phone to clear location history automatically can also reduce the volume of data available for a geofence warrant. However, these measures are no panacea: even with location history disabled, apps that require location services (like weather or ride‑share apps) may still generate records. Ultimately, meaningful privacy protections will require a combination of personal vigilance, legislative reform, and judicial oversight.

Geofence warrants sit at the intersection of rapid technological change and constitutional law that has not kept pace. The drive to solve crimes more efficiently must be balanced against the fundamental right to privacy. As public awareness grows and defense attorneys, like us, continue to challenge the breadth of these warrants, jurists and legislators are being forced to confront questions that were unimaginable just a decade ago.

For now, if you value your privacy in Douglas County, it pays to understand how geofence warrants work—and to take proactive steps to limit the trails you leave behind. When your digital footprint can be used to cast suspicion on you, your loved ones, friends and neighbors, staying informed becomes not just a matter of privacy, but of personal freedom.

It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol.

O.C.G.A. § 40-6-391 (a)(1) states that “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive”. This simply means that you may still be charged, and convicted of, DUI even if your BAC registers at a level below 0.08.

If you have been charged with DUI less safe in Cobb Country, it is important that you hire an experienced DUI attorney to fight to protect your driver’s license and to prevent the long-term consequences that come with a DUI conviction. The lawyers at W. Scott Smith are experienced with the nuances associated with a DUI case and will work to protect you and resolve your case with the best possible outcome. Call our office at 404-581-0999 for a free consultation.

Under Georgia law, trafficking offenses are among the most serious drug crimes and are defined primarily in O.C.G.A. § 16-13-31 and related provisions. A person commits trafficking when they knowingly sell, manufacture, deliver, bring into the state, or possess specified amounts of controlled substances exceeding statutory thresholds. The law uses a tiered system based on drug type and weight, and each tier carries its own mandatory minimum prison term and fine, meaning a judge cannot impose a lighter sentence than the minimum once a defendant is convicted of trafficking within that range.

For cocaine, Georgia law classifies trafficking into three tiers. Possession or distribution of 28 grams or more but less than 200 grams of cocaine (or a mixture containing cocaine) is punishable by a mandatory minimum of 10 years in prison and a $200,000 fine. If the amount is 200 grams or more but less than 400 grams, the penalty increases to a 15-year minimum sentence and a $300,000 fine. When the quantity reaches 400 grams or more, the punishment rises to a 25-year mandatory minimum and a $1 million fine. These thresholds apply to both pure cocaine and mixtures, with special provisions for low-purity cases.

For heroin and other opiates or Schedule I/II narcotics, the thresholds are lower due to the potency of these substances. Possession or trafficking of 4 grams or more but less than 14 grams carries a 5-year mandatory minimum and a $50,000 fine. Quantities of 14 grams or more but less than 28 grams increase the minimum to 10 years with a $100,000 fine, while 28 grams or more results in a 25-year minimum sentence and a $500,000 fine.

For marijuana, Georgia law defines trafficking as possession, sale, or importation of more than 10 pounds. The penalties scale sharply with quantity: 10 to 2,000 pounds results in a 5-year minimum sentence and a $100,000 fine; 2,000 to 10,000 pounds increases that to 7 years and a $250,000 fine; and 10,000 pounds or more carries a 15-year minimum sentence and a $1 million fine.

For methamphetamine and amphetamine, the trafficking statute mirrors the cocaine penalties. Possession or sale of 28 grams or more but less than 200 grams carries a 10-year minimum sentence and a $200,000 fine; 200 to 400 grams increases this to 15 years and $300,000; and 400 grams or more leads to 25 years and a $1 million fine.

Certain Schedule I drugs such as MDMA (ecstasy) are addressed separately in O.C.G.A. § 16-13-31.1. Trafficking 28 grams or more but less than 200 grams of such substances carries a minimum 3-year sentence and a fine of at least $25,000 (up to $250,000). If the quantity is 200 to 400 grams, the punishment rises to 5 years and a $50,000 minimum fine, while 400 grams or more results in 10 years minimum imprisonment and a fine of at least $100,000.

Across all drug types, Georgia’s trafficking laws use gross weight (including mixtures) to determine the tier, and the penalties are mandatory minimums, meaning that even first-time offenders face long prison sentences. The tiered structure reflects the legislature’s view that larger quantities indicate higher levels of distribution and organization, warranting harsher punishment. In practice, even slight differences in weight can elevate a charge to a more severe tier, drastically increasing exposure to prison time and fines.

If you’re ever accused of trafficking any narcotics, talk to one of our experienced attorneys today at (404)581-0999.

Georgia law, under O.C.G.A. § 40‑6‑391, prohibits operating a vehicle while:

• Under the influence of alcohol, drugs, or inhalants to the point it’s unsafe to drive;
• Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours after driving;
• Having any detectable amount of marijuana or other controlled substances in the blood or urine, regardless of alcohol presence.

If someone is found guilty of a DUI in Smyrna Municipal Court, under O.C.G.A. § 40-6-391, their driver’s license will be suspended. This isn’t optional—it’s a required suspension by the Georgia Department of Driver Services. How long the suspension lasts depends on how many DUIs the person has had in the last five years. Here’s how it breaks down:

If you or a loved one has been charged with DUI in Smyrna Municipal Court, don’t face it alone. The experienced legal team at W. Scott Smith, P.C. is here to help. We offer a free consultation to discuss your case and protect your rights.