Smyrna, Georgia is home to the Smyrna Municipal Court where Solicitor Tim Williams prosecutors DUI, traffic, and marijuana cases made by the Smyrna Police Department. Judge Phyllis Gingrey Collins presides over the Smyrna Municipal Court which is located at 2800 King St SE, Smyrna, GA 30080.
One of the most common cases we see in Smyrna Municipal Court are people charged with Driving under the Influenc. In Georgia, DUI can be charged in either two ways under O.C.G.A. § 40-6-391. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. It is a .02 legal limit for DUI cases involving drivers under 21. The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were a less safe driver. We typically see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.
There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).
In all DUI defense cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary. The maximum sentence is 12 months in jail. DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a conviction will remain on your history forever. A DUI charge also has intense license repercussions. If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases.
The options in Smyrna Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the Cobb County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Smyrna regularly, we have the skill and knowledge to accomplish your goals both in Smyrna and in Cobb County. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Smyrna Municipal Court, call us now for a FREE CONSULTATION at 404-581-0999.