Teen and Young Adult Traffic Tickets in Alpharetta Municipal Court

/in , , , , , , , , , , /by

If you are a high school or college aged student with a traffic ticket pending in Alpharetta Municipal Court, it is important to note that young drivers have much different penalties in Georgia traffic court than adult drivers. There are several traffic citations in Georgia that can have harsh consequences to those convicted if under the age of 21.

The following offenses will suspend a driver’s license if the driver is under the age of 21 at the time of the conviction:

  • Speeding 24-mph or more over the limit
  • Hit and Run
  • Racing
  • Fleeing or Attempting to Elude
  • Reckless Driving
  • Improper Passing on a Hill or a Curve
  • Unlawful Passing of a School Bus
  • Driving under the Influence
  • Aggressive Driving

In addition to the offenses listed above, if the driver is under the age of 18, accumulating 4 or more points in any 12-month period will also suspend driving privileges. This can occur by being cited in two separate incidents. For example, if a driver is first convicted of Following too Closely at one point, and within the year, a minor speeding ticket, this would put the teen driver over four points, thereby suspending his or her license.

Simply paying the ticket and not attending court is considered a conviction and will count towards the points accumulation.

In the above scenarios, there is no limited permit available for driving privileges. The State will issue a minimum 6-month license suspension. There is one exception to that rule: if the driver is convicted of driving 24-mph over the speeding ticket, and they are between the ages of 18 and 21, the sentencing judge may issue a limited permit in their discretion.

In addition to the license suspension, penalties for under 21 teen and young adult drivers may include probation, driving classes, community service, and fines (and jail, in some scenarios like hit and run, fleeing and attempting to elude, reckless driving, DUI, and more).

If your child is charged with a traffic ticket in Alpharetta Municipal Court, the court appearance will take place at 3690 Highway 9. Building B. Milton, GA 30004. In all traffic and misdemeanor cases, you are entitled to a jury trial. Since Alpharetta Municipal Court does not have jury trials, the jury trial would take place at Fulton County State Court at a later date.

Due to the consequences of traffic tickets on teen and young adult drivers, it is highly beneficial to consult with an experienced traffic defense lawyer who practices in Alpharetta Municipal Court. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties as well as have a jury trial on the charges. This will not only protect young drivers from license suspensions, but can also avoid points being assessed and reported to insurance companies, thereby avoiding rate increases.

If you are a driver under the age of 21 years old, or the parent of one, with a case pending in Alpharetta Municipal Court, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

 

Teen and Young Adult Traffic Tickets in Roswell Municipal Court

/in , , , , , , , , , /by

If you are a high school or college aged student with a traffic ticket pending in Roswell Municipal Court, it is important to note that young drivers have much different penalties in Georgia traffic court than adult drivers. There are several traffic citations in Georgia that can have harsh consequences to those convicted if under the age of 21.

The following offenses will suspend a driver’s license if the driver is under the age of 21 at the time of the conviction:

  • Speeding 24-mph or more over the limit
  • Hit and Run
  • Racing
  • Fleeing or Attempting to Elude
  • Reckless Driving
  • Improper Passing on a Hill or a Curve
  • Unlawful Passing of a School Bus
  • Driving under the Influence
  • Aggressive Driving

In addition to the offenses listed above, if the driver is under the age of 18, accumulating 4 or more points in any 12-month period will also suspend driving privileges. This can occur by being cited in two separate incidents. For example, if a driver is first convicted of Following too Closely at one point, and within the year, a minor speeding ticket, this would put the teen driver over four points, thereby suspending his or her license.

Simply paying the ticket and not attending court is considered a conviction and will count towards the points accumulation.

In the above scenarios, there is no limited permit available for driving privileges. The State will issue a minimum 6-month license suspension. There is one exception to that rule: if the driver is convicted of driving 24-mph over the speeding ticket, and they are between the ages of 18 and 21, the sentencing judge may issue a limited permit in their discretion.

In addition to the license suspension, penalties for under 21 teen and young adult drivers may include probation, driving classes, community service, and fines (and jail, in some scenarios like hit and run, fleeing and attempting to elude, reckless driving, DUI, and more).

If your child is charged with a traffic ticket in Roswell Municipal Court, the court appearance will take place at 38 Hill Street, Roswell, Georgia. Judge Brian Hansford is the presiding Judge of Roswell Municipal Court. In all traffic and misdemeanor cases, you are entitled to a jury trial. Since Roswell Municipal Court does not have jury trials, the jury trial would take place at Fulton County State Court at a later date.

Due to the consequences of traffic tickets on teen and young adult drivers, it is highly beneficial to consult with an experienced traffic defense lawyer who practices in Roswell Municipal Court. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties as well as have a jury trial on the charges. This will not only protect young drivers from license suspensions, but can also avoid points being assessed and reported to insurance companies, thereby avoiding rate increases.

If you are a driver under the age of 21 years old, or the parent of one, with a case pending in Roswell Municipal Court, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

I have a case in the Municipal Court of Atlanta and I missed a Court date. What do I do?

/in , , , , , , , , , /by

If you have a traffic or misdemeanor citation pending in the Municipal Court of Atlanta and you received notice that you missed a Court date, there is a chance that, unless you act quickly, your driver’s license will be suspended. Don’t panic! People make mistakes, forget to mark their calendars, pay a ticket online, or have moved and did not receive notice of the Court date. You can get your license reinstated or prevent the license from going into suspension by following these steps:

The quickest way to resolve the issue is to go directly to the Courthouse and fill out a “Waiver of Arraignment” form in the front office. These forms are located on the right side of the ground floor of the Courthouse, right past the metal detectors. It is in a room past the clerk’s windows, with vending machines and a snack bar. The form is located on a table in the front of the room. You can fill out the form with your name, citation number, and address. Once you complete the form, you must turn it into the clerk’s window, located immediately to the left of the vending machines. Once you submit this form, the Court will place you on a calendar so that you can come to Court to address the failure to appear. Once you appear in Court, the Judge will lift the FTA and issue you a form that you take to the Department of Drivers Services. Once DDS receives that form, the suspension or pending suspension on your driver’s license will be lifted. It is very important to remember that if your license has already been suspended, you MAY NOT DRIVE to the Courthouse, and will need to arrange alternate transportation.

You should also keep in mind that even if the FTA is lifted, your citation may not be resolved, and you may still need to go back to Court to resolve the case with a plea, trial, or diversion agreement.

If you live out of State or you are not able to attend Court, you should consider hiring an attorney who can complete this process for you. Do not put off addressing your FTA, and seek to handle it as quickly as possible. Failures to do so can result in consequences such as fees, warrants, and/or the loss of driving privileges. If you have an FTA in the Municipal Court of Atlanta, give us a call for a free consultation. Our office is only blocks away, and we can help you address the FTA and get your driving privileges reinstated. For questions or a free consultation, call us at 404-581-0999.

Following Too Closely – Traffic Lawyer

/in , , , , , , , , , , , , , , , , , /by

Fender benders happen all over Georgia every day. If you were involved in a car accident where your vehicle struck a vehicle in front of you, the police officer likely issued you a citation for Following too Closely, and gave you a court date to attend.

Georgia law states that drivers shall not follow another vehicle “more closely than is reasonable and prudent.” This means that causing a fender bender accident, or hitting the vehicle in front of you, is a violation of the Following too Closely law. On the other hand, an officer can issue a citation for Following too Closely even if there was no car accident. This occurs where a police officer observes you travelling too closely “than is reasonable and prudent” to the vehicle in front of you. Even with no accident, following another vehicle too closely is a sufficient legal basis for an officer to stop and investigate you and the vehicle.

Do I have to go to Court for a Following too Closely ticket?

In most courts in Georgia, a court appearance is required. In some cases, an attorney can appear on behalf of someone charged under this law.

What happens if I am charged or convicted with Following too Closely?

Following too Closely is a misdemeanor in Georgia. This means the maximum penalty is 12 months in jail and/or $1,000 fine plus court costs and fees. Additionally, if you plead guilty to Following too Closely, it will be reported to your Motor Vehicle Report and three (3) points will be assessed, and insurance can be notified. If a driver gets 15 points in a 2 year period, your Georgia driver’s license will be suspended. A Following too Closely citation can raise insurance rates.

What are the defenses in a Following too Closely case?

It is a jury question whether or not you followed the other vehicle “more closely than is reasonable and prudent.” An experienced lawyer can use this statute in negotiations with the prosecutors. Plea negotiations can occur where the Following too Closely charge gets reduced to a different violation that does not carry points, or get reported to your insurance. A jury trial, or a bench trial in front of the Judge, are options in a Following too Closely case in Georgia.

If you have been cited for Following too Closely and issued a citation, call us today for a FREE CONSULTATION at 404-581-0999.

How do I get a reduction to Reckless Driving in my DUI case?

/in , , , , , , , , , , , , , , , , /by

If you have been charged with DUI, you likely have many questions about what your best options are, how you can best defend your case, and what you can do to help your attorney as they prepare your case and pursue your interests with a prosecutor.

The best thing you can do to help your attorney and improve your prospects for being offered a reduction is to avoid getting additional charges, especially charges involving drugs or alcohol. Getting another DUI while one is already pending can severely hurt your case and reduce your chances of getting a reduction by a great deal.

There are several things you can do to improve the likelihood of getting a reduction. Completing 40 hours of community service at a 501(c)(3) organization is one task that costs nothing, and is generally a required term of probation. The organization cannot be religiously affiliated, but volunteering at an animal shelter, public library, or soup kitchen are all great ideas.

Completing a Mothers Against Drunk Driving Victim Impact Panel can also be beneficial. This online panel consists of individuals sharing their stories about the impacts of drunk driving. You can sign up here: https://online.maddvip.org/.

Taking a DDS-sponsored Risk Reduction class is also generally a condition of probation. There are online and on-the-road options available all over Georgia. For a list of locations and their contact information, visit this link: https://online.dds.ga.gov/ddsgeorgiagov/locations/certified-dui-schools.aspx.

The last thing you can do is get an alcohol and drug assessment done. This can be through any State-sponsored provider, and can be done in person or over the phone. The cost of the assessment varies depending on the provider, so you may choose to shop around to find the right counselor for you. If, after your evaluation is complete, any treatment is recommended, you can also help your attorney by working on the recommended treatment.

These steps show integrity and proactiveness, and can be good mitigating evidence for your attorney to provide to the prosecutor. For questions or a free consultation, call us at 404-581-0999.

 

Georgia Public Drunkenness Attorney

/in , , , , , , , , , , , , /by

As holiday parties and events are in full swing, you may wonder the best way to stay clear of police encounters after a night out of drinking. The most obvious way to avoid trouble after a night out is to use a rideshare or designated driver, so as not to drive while intoxicated. But what about simply being drunk in public? Could that land you in jail for the night too?

Drinking to the point of being intoxicated is not always against the law. However, when your condition is made manifest by “boisterousness, by indecent conditions or act, or by vulgar, profaine, loud, or unbecoming language,” you can be arrested for the charge of Public Drunkenness.

Under O.C.G.A § 16-11-41 it is a misdemeanor offense to be intoxicated in a public place, or in the outskirts of a private residence other than your own, or one you are invited to be on. But it is only against the law if your intoxication  is manifested by boisterous, vulgar, loud, profane, or unbecoming language, or by indecent condition. Simply being drunk without an outward manifestation is not against the law in Georgia as mere drunkenness in a public place is not enough to be convicted.

As you can see there is a defense to the charge of Public Drunkenness in Georgia. If convicted, however, it is a misdemeanor crime that can remain on your criminal history forever. The maximum penalty in a Public Drunkenness case in Georgia is 12 months to serve in custody, and a $1,000 fine, or both.

If you have been arrested or cited for Public Drunkenness in Georgia, call W. Scott Smith for a FREE CONSULTATION at 404-581-0999. A night out on the town should not have lasting consequences and our lawyers are on call to assist you.

HGN and Head Trauma

/in , , , , , , , , , , , , , , , , , , , /by

If you have been pulled over in Georgia on suspicion of DUI, the investigating officer will probably ask you to perform a battery of standardized field sobriety tests. This request may take the form of any number of questions, such as “can we just check to see if you are safe to drive?” or “we want to perform some tests before we let you on your way, is that alright?”. These tests are not required, and declining to perform these tests cannot be used against you in a prosecution of DUI. For this reason, it is better to decline to perform any tests, no matter how much reassurance the police officer gives you that they are “just to make sure you are safe on the roads.”

Still, many people opt to perform the tests, either because they don’t see the harm, they wish to be congenial with the officer, or because they don’t know that they can decline to perform the tests. If you choose to perform the tests, the officer may ask you if he can “take a look at your eyes.” This is an indication that he is about to perform the first of three standardized field sobriety tests, the horizontal gaze nystagmus.

This test is considered to be a “scientific” test, and because of this, it is important that the officer comply with his training as exactly as possible. The test must begin with a number of questions designed to medically qualify the participant. The officer is trained that he must ask you whether or not you have recently had any head, neck, or brain injuries, as these kinds of trauma can affect whether someone exhibits nystagmus, even if not under the influence of alcohol. It is common practice to ask whether or not the subject has “any eye problems” or vision issues, but this is not enough. The officer must also determine that it is appropriate to use this test. If the subject has been in a recent accident, suffering from whiplash, a concussion, vertigo, or some other balance and coordination related condition, the HGN test may not be accurate or reliable.

If you have been in an accident at the time of your DUI investigation, the officer may have overlooked potential head trauma before administering this test. As a result, the “clues” of the test may be unreliable, and could be subject to suppression before trial.

It is important to understand your rights and protections when you are charged with DUI. If you want an attorney that is knowledgeable about DUI police training and procedure, call our office for a free consultation at 404-581-0999. Written by Attorney Katherine A. Edmonds.

Reducing a Lifetime CDL Disqualification to 10 Years in Georgia

/in , , , , , , , , , , , , , , , /by

If you are convicted of two DUIs in Georgia, your commercial driver’s license (CDL) is disqualified for your lifetime. However, new rules provide a process to allow your CDL to be reinstated after only ten years. If you meet the following requirements, you are eligible to have your Lifetime CDL Disqualification reduced to 10 years:

  • At time of application, you must possess a valid Class C Georgia driver’s license. The term “valid” means that the license is not expired and is not cancelled, suspended, or revoked.
  • Any Lifetime CDL Disqualification you are applying to have reduced must have been in effect for a period of not less than ten (10) years.
  • Any Lifetime CDL Disqualification that is based on a conviction for homicide by vehicle in the first degree or serious injury by vehicle, you are not eligible to have your Lifetime CDL Disqualification reduced to ten (10) years.
  • Any Lifetime CDL Disqualification that is based on the use of a motor vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance; OR any Lifetime CDL Disqualification that is based on a conviction for Human Trafficking, is not eligible to be reduced to ten (10) years.
  • In addition to the $210.00 non-refundable CDL Restoration Fee, your application must include the following supporting documents:
    • A certified seven (7) year Georgia motor vehicle report (MVR) dated within 30 days of application. Your driving history must be free of any convictions for the five (5) year period preceding date of application.
    • If your Lifetime CDL Disqualification is based on a violation that was alcohol related, you must include a clinical evaluation dated within 90 days of the date of application reflecting no substance abuse treatment necessary.
    • If your Lifetime CDL Disqualification is not based on a violation that was alcohol related, you must include a certificate of completion from a DDS-certified driver improvement clinic dated within 90 days of the date of application.
    • A copy of your current, unexpired United States Department of Transportation (USDOT) medical certificate card.

If you are approved to have your Lifetime CDL Disqualification reduced to 10 years:

  • You will be eligible to obtain a Georgia Commercial Learner’s Permit (CLP), which must be held for a minimum period of 14 days before becoming eligible to upgrade to a Georgia Commercial Driver’s License (CDL).
  • You must complete and successfully pass all applicable knowledge and/or skills tests to obtain a Georgia CLP/CDL. You must also pay $35.00 for the CDL Application Fee, $10.00 for each CDL Knowledge Exam, and $50 for each CDL Road Skills Test attempt.
  • Any Georgia CDL you are issued will be restricted for first two (2) years to intrastate driving only.
  • You will not be eligible for a Passenger (P) endorsement on any Georgia CDL for the first two (2) years following issuance.
  • Restrictions may be removed after two (2) years if your driving history is free of any convictions.
  • No person whose Lifetime CDL Disqualification is reduced to ten (10) years shall ever possess a School Bus (S) or a HAZMAT (H) endorsement.
  • If you are convicted of a major traffic violation at any time after your Lifetime CDL Disqualification has been reduced to ten (10) years, you will be subject to a permanent lifetime disqualification.

 

If your CDL has been the subject of a lifetime ban, we can help you have the ban reduced.  This is a complicated process and having an experienced layer by your side is important. Please call our office at 404-581-0999 and let us help you have your driving privileges restored.

What to expect during a DUI stop in Cartersville, GA

/in , , , , , , , , , , , /by

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Cartersville, 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 Cartersville, GA, your case will be sent to Cartersville Municipal Court. In 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 Superior Court of Bartow County.

If you have been arrested for DUI in Cartersville, GA and would like a free consultation, call us at (404) 581-0999.

 

Giving a False Name

/in , , , , , , , , , , , , /by

A person who gives a false name, address, or date of birth to a law officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate can be charged with the misdemeanor of Giving False Name. Georgia law (O.C.G.A. 16-10-25) makes it illegal to lie to the police about your identity. However, simply refusing to hand over your ID does not give the police officer probable cause to believe that you have falsely identified yourself, so you cannot be charged with Giving a False Name under those circumstances, but refusing to hand over your license might result in an obstruction charge.

To prove that someone is guilty of Giving a False Name, the State will generally provide proof of the person’s real name, address, or date of birth by showing records such as a birth certificate, driving records, or registration.

If you have been charged with Giving a False Name, you face penalties up to 1 year and jail, a fine of $1000, or both. You need an experienced attorney to help you navigate the charges, evidence, and defenses. Give our office a call for a free consultation if you or someone you know has been charged with giving a false name. 404-581-0999. Written by Attorney Katherine Edmonds.