What to expect during a DUI stop in Canton, GA
/in Blog, Criminal Law, Drivers License, DUI, Georgia, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, License Suspension, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Canton, GA 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 are arrested for DUI in Canton, GA for DUI, your case will be sent to Canton Municipal Court. In the Canton Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.
If you have been arrested for DUI in Canton, GA and would like a free consultation, call us at (404) 581-0999.
What to expect during a DUI stop in Woodstock, GA
/in Blog, Court Dates, Criminal History, Criminal Law, Drivers License, DUI, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Woodstock, GA 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 are arrested for DUI in Woodstock, GA for DUI, your case will be sent to Woodstock Municipal Court. In the Woodstock Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.
If you have been arrested for DUI in Woodstock, GA and would like a free consultation, call us at (404) 581-0999.
DUI IN THE MUNICIPAL COURT OF ATLANTA
/in Atlanta DUI, Atlanta Jail, Atlanta Municipal Court, Blog, Court Dates, Criminal Law, Drivers License, DUI, Fulton County, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws /by lawyerBy: Attorney 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:
- After the accused has been arrested, an officer on scene from the Atlanta 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
- 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 Atlanta Police Department transfers the criminal charge to the Atlanta 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 Municipal Court of Atlanta. 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 bound over to the Fulton County State Court, OR
- At arraignment, the accused has the option to speak to the Atlanta 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 essential 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.
DUI Probation in Clayton County
/in Blog, Criminal History, Criminal Law, Drivers License, DUI, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, Misdemeanor /by lawyerIf you are entering a plea to a DUI in Clayton County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.
According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:
- Assess a fine of not less than $300 (but not more than $1,000
- Sentence you to 24 hours imprisonment
- Sentence you to complete 40 hours of community service at a 501(c)(3) organization
- Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
- Require completion of a clinical evaluation for substance abuse treatment
- Require you to serve 1 year on probation.
While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.
These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Clayton County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Clayton County judges will not make you serve any time if you complete your probation requirements.
Entering a guilty plea to DUI in Clayton County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Clayton County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.
Written by Attorney Katherine Edmonds
What to expect during a DUI stop in Alpharetta, GA
/in Blog, Court Dates, Criminal Law, DUI, Fulton County, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Alpharetta, GA 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 are arrested for DUI in Alpharetta, GA for DUI, your case will be sent to Alpharetta Municipal Court. In the Alpharetta Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Fulton County.
If you have been arrested for DUI in Alpharetta, GA and would like a free consultation, call us at (404) 581-0999.
Possession with Intent to Distribute in Clayton County
/in Blog, Court Dates, Criminal History, Criminal Law, Felony, Georgia Criminal Law, Georgia Drug Law, Georgia DUI, Georgia Law /by lawyerIf you have been arrested for Possession with Intent to Distribute in Clayton County, it is imperative that you hire an attorney quickly. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. These motions must be filed within 10 days of arraignment. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case.
Once you are arrested for possession with intent to distribute in Clayton County, you will be brought over to see a Clayton County Magistrate Court judge within the first 24 hours. At this hearing, the Magistrate judge will read the charges to you and possibly set a bond.
The statute says It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possession with the intent to distribute any controlled substance. O.C.G.A. 16-13-30(b).
What does the Clayton County District Attorney have to prove?
The Clayton County prosecutor must prove that the Defendant intended to sell or distribute the drug that is in his possession. If you are simply in possession of the drug but not intending to sell or distribute it, then you cannot be convicted of Possession with Intent.
However, even if you possess only a small amount of a drug, you can still be charged with Possession with Intent to Distribute. To prove intent to sell, the State would have to show evidence of baggies, a scale, large amount of currency or other drug paraphernalia. The Clayton County District Attorney could also show it through a prior conviction for Possession with Intent to Distribute or expert testimony that the amount was consistent with someone selling it rather than just using for personal consumption.
If you are charged with Possession with Intent to Distribute in Clayton County, please call us at 404-581-0999 for a free consultation. We are located in downtown Atlanta.
What to expect during a DUI stop in Kennesaw, GA
/in Blog, Cobb County, Criminal History, Criminal Law, Drivers License, DUI, Georgia, Georgia Criminal Law, Georgia DUI, Georgia Law, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Kennesaw, GA 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 are arrested for DUI in Kennesaw, GA for DUI, your case will be sent to Kennesaw Municipal Court. In the Kennesaw Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cobb County.
If you have been arrested for DUI in Kennesaw, GA and would like a free consultation, call us at (404) 581-0999.
DUI Probation in Douglas County
/in Blog, Criminal History, Criminal Law, Drivers License, DUI, Georgia, Georgia Criminal Law, Georgia DUI, probation /by lawyerIf you are entering a plea to a DUI in Douglas County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea.
According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must:
- Assess a fine of not less than $300 (but not more than $1,000)
- Sentence you to 24 hours imprisonment
- Sentence you to complete 40 hours of community service at a 501(c)(3) organization
- Require completion of a DUI Alcohol or Drug Use Risk Reduction Program
- Require completion of a clinical evaluation for substance abuse treatment
- Require you to serve 1 year on probation.
While on probation, you will also be responsible for paying any supervision fees, you will be regularly drug and alcohol screened, and if you commit any other crimes, you may face even stiffer penalties if your probation is revoked.
These sentencing requirements sound very serious (and they are!) but they are also very discretionary. Douglas County judges have a lot of control over the sentence. For example, some judges will allow you to terminate your probation early if you complete any requirements of your sentence in a reasonable amount of time. Other judges will allow you to complete community service in lieu of paying a fine. Some judges will give you credit for any time served in jail at the time of your arrest, and other Douglas County judges will not make you serve any time if you complete your probation requirements.
Entering a guilty plea to DUI in Douglas County can be a tough pill to swallow. With the right attorney beside you, however, you will have your best chance of reducing the time and money spent on probation and incarcerated. Attorneys are able to present mitigating evidence for the Court’s consideration, and argue why the judge should withhold certain sentence requirements. If you are considering a guilty plea to DUI in Douglas County, call our office first. We may be able to help you make the best of a bad situation, and ensure that you are only being sentenced to the absolute minimums. Call us for a free consultation at 404-581-0999.
Written by Attorney Katherine Edmonds
Fulton County Serious Injury by Vehicle
/in Blog, Court Dates, Distracted Driving, Drivers License, DUI, Felony, Fulton County, Fulton County Jail, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws /by lawyerDUI and Reckless Driving charges are considered misdemeanors in Georgia. However, if you were arrested for DUI or Reckless Driving and there was an accident with serious injuries involved, it is likely you will be arrested for the felony offense of Serious Injury by Vehicle under O.C.G.A. § 40-6-394.
A Serious Injury by Vehicle case in Fulton County will be prosecuted by the Fulton County District Attorney’s Office. It is a felony charge, and the Fulton District Attorney has four years from the date of arrest to bring formal charges against you. Once your case is indicted or accused within the statute of limitations, your first court date will be your Arraignment date. This takes place at the Fulton County Courthouse located at 185 Central Avenue, Atlanta, GA 30303. At your arraignment date, you will have the opportunity to enter a Not Guilty plea and make a demand to see the evidence. It is imperative to have an attorney at this phase in the case because certain Constitutional motions must be filed within 10 days of this court date, or the issues are waived. This means that an attorney must file motions challenging the constitutionality of the stop and the arrest, within 10 days of the Arraignment date, or you will lose the ability to fight the case on these issues later on.
What’s the Difference Between a Misdemeanor DUI and a Serious Injury by Vehicle?
The difference between a felony and a misdemeanor is the punishment and the other collateral consequences. DUI and Reckless Driving are misdemeanor crimes, and thus carry a maximum punishment of 12 months in jail. On the other hand, Serious Injury by Vehicle is a felony charges which could result in much lengthier punishment as society views felonies, generally, more harshly. Specifically, for the felony charge of Serious Injury by Vehicle, the minimum punishment is 1 year in prison, while the maximum is 15 years. Certain factors like the blood alcohol content, or whether there was any prior convictions can elevate punishment significantly. Compare that to a Driving Under the Influence charge where the minimum punishment is just 24 hours along with conditions like community service and DUI school.
What about my License?
The Department of Driver Services also treats this crime harshly, and if you plea or are found guilty of Serious Injury by Vehicle in Fulton County or anywhere in the State, you are facing a driver’s license suspension for a period of three years in addition to the other requirements imposed by the Court.
The State does not have to prove you committed an unsafe act like speeding, cutting someone off, or hitting someone’s vehicle from the back. They can proceed only on the fact you were DUI and caused an injury under the statute, even if you were not the cause of the accident.
In order for the State to prove Serious Injury by Vehicle, they must prove the injuries were serious enough to fall under the statute. Courts have held broken bones, being unable to walk well for a period of time, and certainly brain damage, all to be sufficient for the state to proceed on felony charge.
Take the next step
If you or someone you know have been arrested for Serious Injury by Vehicle in Fulton County or the Atlanta area, it is imperative to meet with a law firm who has a high-level skill in DUI defense as well as in Serious Injury by Vehicle cases. Your future and your freedom depend on it. Call us today for a free consultation at 404-581-0999.
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