DUI IN BROOKHAVEN MUNICIPAL COURT

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By: Erin Dohnalek

After an accused has been arrested for a DUI, if one of the following occurred, an accused MUST send the 30-day appeal letter to attempt to save his/her driver’s license:

1. After the accused has been arrested, an officer on scene from the Brookhaven Police Department read him/her the correct “Implied Consent” notice and he/she refused to comply with either a blood, breath, or urine test in order to determine his/her blood alcohol content, OR

2. The accused consented to a blood, breath, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

If one of the following occurred, it is of vital importance to send the 30-day appeal of the license suspension letter prior to the deadline or risk the suspension of the accused person’s driver’s license. The suspension could last as long as 1 year.

After sending the 30-day letter, the accused must also be ready to defend his/her criminal allegations. The penalties for a DUI conviction are serious, thus, it is of great importance to hire an experienced criminal defense attorney who understands all of the elements of the offense, the affirmative defenses to such a charge, and all possible options for the accused.

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is .08 or more at any time within 3 hours after such driving occurred, or there is any amount of marijuana or other controlled substances present in the accused person’s blood, breath, or urine.

Once the Brookhaven Police Department transfers the criminal charge to the Brookhaven Solicitor’s Office, the criminal case will begin at a proceeding known as an arraignment. There are a few options when the case has landed here at the Brookhaven Municipal Court. Such options include:

· The accused may plead guilty to DUI, which, for a first DUI conviction, usually will result in 12 months of probation, which requires completion of a Risk Reduction course and at least 40 hours of community service;

· The accused may plead not guilty to DUI and seek a bench trial with the municipal court judge;

· The accused may plead not guilty to DUI and seek a jury trial. This will result in the case being binded over to the Dekalb County State Court, OR

· At arraignment, the accused has the option to speak to the Brookhaven City Solicitor in a pretrial conference to discuss other possible options, such as a reduction from the original DUI charge.

Due to the complexity of a driving under the influence criminal case, as well as the related license suspension proceeding, it is of great importance to hire an experienced criminal defense attorney who is skilled at defending such allegations. At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about all possible options for our clients and have vast experience

defending such charges. Therefore, if you have been arrested for driving under the influence, please call our office today at 404-581-0999 for a free consultation.

Alive at 25

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As a minor or someone under 21, you are subject to greater penalties for getting moving violations. If you are between the ages of 15 and 24 and have received a speeding ticket, you may consider enrolling in a driver education course, such as Alive at 25.

Alive at 25 is a 4 hour driver’s awareness program, which is designed to educate young people on driving hazards and the importance of driver’s safety. Students gather in the classroom to learn about speeding, driving while impaired, and safe driving habits. Sometimes, if you are a young person who has gotten a speeding ticket or a super speeder, the Solicitor or the Court may require you to complete this class. Doing so soon after you get a ticket can help give you some leverage in negotiating a reduction or dismissal with the solicitor at your first Court date.

The course cost varies depending on your location, but it typically runs around $115. While this may seem like a hefty price tag for a 4 hour course, completion may help you get a reduction or dismissal in your criminal case, reducing the overall fine for the ticket, and it may reduce the cost of your monthly insurance payments. Note that this is not a “behind the wheel” course. Success only requires that you attend and participate. For more information about the Alive at 25 driver’s awareness program, visit https://www.atlantaga.gov/Home/ShowDocument?id=1455 or call us at 404-581-0999. We have experienced attorneys eager to work with you to help you enroll in the course, attend court, and challenge your ticket.

Written by Attorney Katherine A. Edmonds

What to expect during a DUI stop in Atlanta, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Atlanta you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended. If you have been arrested for DUI and would like a free consultation, call us at (404) 581-0999.

Driving with a Suspended License is Serious Business in Georgia

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By: Attorney Alex Henson

 

In Georgia, driving with a suspended license can result in an arrest and conviction for a misdemeanor. If you are found guilty of driving on a suspended license you will face no less than two days in jail and a fine of $500 to $1,000. You could also be placed on probation. Pleading guilty to driving on a suspended license will also result in a new suspension of your Georgia driver license for six months. You can avoid a new suspension by pleading nolo contendre (no contest), but this option is only available once every five years.

 

A second or third conviction of driving on a suspended license in a five-year period will result in no less than 10 days jail and a fine of $1,000 to $2,500. You can also face additional penalties such as probation. A fourth conviction in a five-year period will be considered a felony and is punishable by 1 to 5 years in prison as well as fines and probation. If you are arrested or cited for driving with a suspended license, having a lawyer fight your case can result in a better outcome. Call us at (404)  581-0999 for a free consultation.

Second DUI arrest in Fulton County, Georgia

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By: Erin Dohnalek

In Georgia, sentencing and license consequences get more severe with each new DUI arrest and subsequent conviction. There are mandatory minimum sentences that judges must abide by, and there are required consequences for an accused person’s driving privileges mandated by the Georgia Department of Driver’s Services.

The Offense:

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of an illegal controlled substance present in the accused person’s blood or urine.

The mandatory minimum sentencing for a second DUI conviction, if the first was committed in the 10 years preceding the second arrest for DUI, is at least three days in custody. In Fulton County, that means three days must be served at the Fulton County Jail. There also is a requirement that the accused must complete 240 hours of community service, a substance abuse evaluation plus recommended treatment, DUI school, and a Victim Impact Panel. This is all mandated by Georgia law.

In Fulton County, there are two judges who primarily preside over individuals charged with a second DUI: Judge Edlein and Judge Tailor. Both of these judges are in charge of the Fulton County DUI Court Program. A potential consequence of being charged with a second DUI in Fulton County is that DUI Court is pushed to avoid substantial jail sentences.

License Consequences:

One of the most pressing consequences of a second DUI conviction is a mandatory license suspension. If the accused has had a prior DUI conviction in the last ten years, but not in the last five years, the license suspension will be for a period of 120 days. However, a Georgia driver’s license holder will be eligible for a limited permit during that suspension to allow them to drive to essential locations.

Alternatively, if the accused has had a prior DUI conviction in the last five years, the consequences for his/her driving privileges are severe. The accused will be required to surrender their license, and he/she will have a hard license suspension for 120 days with no eligibility for a limited permit. After the 120-day license suspension is up, he/she will then be required to install an ignition interlock device in their vehicle for a period of 12 months. After the 12-month period has expired, the accused must continue to drive on a limited permit for two additional months before they will be able to reinstate their permanent driver’s license.

Contact Us:

Due to the severity of the consequences following a second DUI arrest, it is imperative to hire an experienced criminal defense attorney to explain all the possible options for an individual charged with a second DUI, to challenge that arrest in order to avoid some of the direct and collateral consequences of a second DUI conviction, and to advocate for their client’s constitutional rights. Therefore, if you have been arrested for a second DUI in Fulton County, please call our office today at 404-581-0999 for a free consultation.

Should I Pay My Speeding Ticket?

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It happens. You’re running late for work and you don’t realize you’re pressing down on the gas as the numbers on your speedometer tick up. Blue lights come out of nowhere, and you’re faced with a speeding ticket. Some luck. While you might be inclined to just pay the ticket and get it over with, take a moment to consider the implications. Paying a speeding ticket has the same effect as entering a guilty plea, so it is important to be mindful of the possible consequences.

If you were speeding 14 miles per hour or fewer over the speed limit, this ticket will not result in any points on your license and will not be reported to the Department of Driver Services. If you were speeding over 14 mph above the speed limit, but less than 19 mph over, your ticket is considered a “super speeder” ticket, and entering a plea to that will result in 2 points on your license, the ticket is reported to DDS, and DDS assesses an additional $200 fine. Speeding 19-23 mph over the speed limit results in 3 points, the ticket is reported to DDS, and you are hit with the $200 fine from DDS. 24-33 mph over is 4 points, along with the other penalties outlined above, and speeding 34 mph or more over the speed limit results in 6 points, the ticket is reported, and you get the additional $200 fine.

Points on your license can have an adverse impact on the cost of your insurance, and getting 15 or more points within a 24 month period can result in a license suspension. If you are under 21, there may be additional penalties to paying speeding tickets. Before you pay that ticket and move on, make sure you understand the risks involved in doing so. We can help you negotiate reductions with the solicitor to help you get the best possible outcome when you are stuck with a speeding ticket.

If you have been charged with speeding, it is important to understand your options. We want to make sure you are educated and empowered throughout the criminal justice process. Give us a call for a free consultation at 404-581-0999. Written by Attorney Katherine A. Edmonds.

After my DUI arrest, the officer took my license. How can I get to work?

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If you have been arrested for a DUI in Georgia and an officer took your license, you may be wondering how you can get to work, school, or even your court date without the risk of getting into trouble. If this is you, then take a look at the citation you were given when you were arrested and take a deep breath. At the bottom of the citation, you should see something that says “temporary driving permit.” Georgia law requires an officer who is arresting you for DUI to seize your license. The citation you receive acts as a temporary driving permit for a period of 45 days from the date you were arrested or while your ALS hearing is pending. For information on filing an ALS petition, please check out this blog post: https://www.peachstatelawyer.com/georgia-administrative-license-suspension-als-hearings-during-the-pandemic/

If your license was valid at the time of arrest, the officer MUST give you this permit. If you did not receive the permit and your license was valid, let us know so that we can contact DDS on your behalf.

This permit, unlike a restricted license or a limited permit, is functionally the same as your regular license. You can travel for work or leisure without restriction on this permit. Additionally, you can find your drivers license number on your citation and visit DDS.georgia.gov and select “check license status” to actually view whether or not your license is valid. So long as the website says your license is valid and you have the 1205 form, you should not have to worry about getting pulled over and not having your license on you. However, be sure to bring the 1205 form with you when you drive in case you are stopped.

If your license has been taken because of a DUI arrest, DO NOT WAIT. Call us today. You have 30 days from the date of the arrest to try to save your license, and on the 46th day after the arrest, the 1205 permit expires. We can help.

Call us at (404)-581-0999!

Georgia Administrative License Suspension (ALS) Hearings during the Pandemic

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Following a DUI arrest, the State of Georgia has authority to suspend the driver’s license of the accused in a civil proceeding, which is separate from the criminal case, if one of the following occurs:

  1. After the accused has been arrested, the officer on the scene read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine their blood alcohol content; OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an interlock device in their vehicle for the duration of the suspension. However, in this blog we will solely discuss the former.

Appeal of License Suspension

In the normal world in which we are not dealing with a global pandemic, following a DUI arrest, if one of the two circumstances above are true, the accused has 30 days from the date of the arrest to file an appeal of his/her license suspension. Due to the concerns and difficulties surrounding Covid-19, the State of Georgia has extended the deadline, which allows the accused to file an appeal within 120 days of arrest. This gives individuals charged with a DUI much more time to consider all their options following their arrest. However, if the appeal is not filed within the new extended deadline then the driver’s license of the accused will be suspended. In Georgia, there are two different types of license suspensions:

  1. 12-month suspension: This is also known as a “hard suspension.” This type of suspension happens if subsection (1) above occurs. In other words, the accused refused to comply with either a breath, blood, or urine test following the reading of the Implied Consent notice. For this suspension, there are no forms of temporary or restricted licenses. If the accused does not file an appeal or fails to install an interlock device within the stated time frame, his/her license will be suspended for an entire year.
  2. 30-day suspension: This type of suspension occurs if the circumstances surrounding the arrest mirror subsection (2) above. This means that the accused consented to a breath, blood, or urine sample and the results of that sample showed that his/her blood alcohol content was above the legal limit. During this 30-day suspension, if the accused attends a Georgia DUI School and pays a reinstatement fee of $210, the accused can obtain a restricted license, and furthermore, have their driver’s license reinstated after 30 days.

At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI arrest, including the possibility of a license suspension. Therefore, our attorneys are knowledgeable about all possible options for our clients and have vast experience dealing with such appeals. Therefore, if you have been arrested for a DUI and are potentially facing a license suspension, please call our office today at 404-581-0999 for a free consultation.

Habitual Violator Conviction and License Suspension in Georgia

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Being declared a habitual violator can have very long-term and harmful effects on drivers in Georgia. Habitual violator is a status that occurs when convicted of certain traffic offenses, and it results in an immediate five year license suspension. It is also an offense that goes onto a person’s criminal history and can even lead to felony charges and prison time.

 

Convictions arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest will cause the driver to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

 

  • Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)

 

  • Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)

 

  • Any felony in the commission of which a motor vehicle is used

 

  • Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270

 

  • Racing on Highways or Streets as defined by O.C.G.A. §40-6-186

 

  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by

O.C.G.A. §40-6-395

 

  • Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as

defined by O.C.G.A. §40-6-15

 

  • DUI and DUI Child Endangerment

 

  • Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)

 

  • Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394

 

All three offenses can be from the same incident, or on the other hand, can be still be counted if they occurred within a five-year period. For example, it is possible to become a Habitual Violator if convicted of DUI, Hit and Run, and Child Endangerment in one incident. However, even if you pled nolo contendere to Hit and Run five years ago, and are later charged on different dates for any of the above crimes, this too will trigger Habitual Violator status. In order for due process to be met, the State must comply with specific notice requirements to drivers as it relates to Habitual Violator status.

 

Even if you pled guilty in Court under Georgia’s First Offender Statute to the above offenses, the Department of Driver Services still counts it as a conviction. Likewise, a Nolo Contendere plea is also considered a conviction under this statute and will not save your license.

 

A person who is declared a Habitual Violator immediately undergoes a five-year long driver’s license suspension. There may be a limited permit available after first serving a two-year hard license suspension.

 

Can I get a limited permit after being declared a Habitual Violator?

 

A 3-year limited driving permit may become available after the first two year suspension so long as the person has not been convicted or pled nolo to any moving traffic offense in the two years prior to applying. An approved Defensive Driving course or Risk Reduction course is also required to obtain a probationary license. Additionally, the person applying for a limited permit must submit a sworn affidavit that he or she does not use alcoholic beverages or illegal drugs. In cases involving two or more DUIs, an Ignition Interlock is required to be installed on the vehicle for a period of 12 months. In order to be granted a probationary limited permit after being declared a Habitual Violator, it must be shown that the “refusal to issue such a permit would cause extreme hardship to the driver.”

 

So long as the above conditions are met, and a fee in the amount of $210.00 is paid, the probationary license may be issued by Georgia Department of Driver Services. These probationary limited permits may have restrictions that limit the specific places the licensee is allowed to drive, or the routes and times of travel, as well as the specific vehicle the licensee may operate.

 

What happens if I drive after being declared a Habitual Violator without a permit?

 

            Georgia law makes it a felony offense to drive while being declared a habitual violator. Under O.C.G.A. 40-5-58(c), if convicted of driving after being declared a habitual violator, the punishment is a minimum fine of $750, or 1 to 5 years in prison, or both. In order to be convicted of Felony Habitual Violator, the State must prove the offender was declared a habitual violator, was properly notified of that status, and that he or she operated a vehicle without having obtained a valid license. Georgia law does allow defense of Justification at trial in Habitual Violator cases.

 

            Similarly, if convicted for any of the above offenses, including DUI, after having been declared a habitual violator is a serious felony offense in Georgia that can carry prison sentences of up to five years and a base fine between $1,000 and $5,000 on top of any sentencing from the new crimes.

 

While driving as a Habitual Violator is a felony offense in Georgia, it is a misdemeanor offense to be convicted of any minor traffic offense, after having been given a probationary limited permit. A conviction for a traffic offense while on the probationary limited permit can carry fines and up to 12 months in jail.

 

Being declared a Habitual Violator in Georgia is the most serious of traffic and license issues you can encounter in Georgia. This is why it is important to be represented in all traffic cases as you can unknowingly become a Habitual Violator by paying tickets on any of the above offenses (even a Suspended Registration). The life-long consequences of being declared a Habitual Violator are severe, so make sure to have a Georgia traffic and criminal attorney advocate for you in such traffic cases. If you or a loved one has been arrested for Habitual Violator status, or any of the contributing crimes to Habitual Violator, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia DUI Law – Department of Driver Services COVID-19 (Coronavirus) Updates

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On March 30, 2020, the Department of Driver Services (“DDS” also known as the DMV) issued an update regarding court proceedings in a letter addressed to criminal defense attorneys in Georgia. This article serves to summarize those important updates provided by DDS.

What Services Are Available?

As of right now, DDS remains open for non- customer-facing services. These include online services, DDS 2 GO mobile app, and other services requiring headquartered staff. Customer-Facing services across the State will be closed until April 1, 2020. After April 1, services will resume, but by appointment only.

Reinstatements, replacement licenses, and driving history and reinstatement eligibility  may be processed online and through the DDS 2 GO app. You can check the status of your driver’s license at online.dds.ga.gov/dlstatus.

Driver’s License Expirations

All Georgia driver’s licenses with set to expire from March 14, 2020, through June 30, 2020, will receive an automatic 120 day extension. Cardholders should expect to have new credentials sent to them via mail.

FTA Suspensions

DDS recognizes those individuals with pending FTA suspensions will not be able to resolve their FTA issues with the courts since courts are closed or are offering only limited services at this time. Therefore, DDS is delaying FTA suspensions for an additional 60 days.  DDS urges customers to check their driving history through their online services.

ALS Hearings and Driving Privileges

Because the Office of State Administrative Hearings has suspended ALS Hearings, DDS has decided to extend the 45 day temporary driving permit (issued with 1205 form) for 90 days. This extension will enable drivers to continue driving until normal operations resume. Additionally, DDS will continue to process ALS hearing requests and has also extended the filing deadline for ALS hearings from 30 days to 120 days (measured by the date of arrest).

Requesting Ignition Interlock Driving Permits

DDS is granting customers requesting Ignition Interlock Limited Driving Permits more time for their requests given DDS Customer Service Centers will be closed until April 1. Once the Service Centers re-open, customers these permits will be able to obtain a permit beyond the 30 day deadline.

Contact Us

If you or someone you know has been arrested for DUI, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.