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Tests and Refusals: Know Your Rights

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When someone is pulled over for suspicion of DUI in Georgia, they will be asked to perform a series of tasks that could indicate potential impairment to the arresting police officer. It is important to note that these tests are entirely voluntary. If you choose not to perform the tests, your refusal statement cannot be used against you in trial in any attempt to generate incriminating evidence. This is because mandating field sobriety tests would violate the right of self-incrimination. The same can be said when the police officer asks for your consent to any blood testing or breath testing. Although the officer can obtain a search warrant, you do not have to submit to chemical testing on the spot. Do not be misled into believing that if you refuse these chemical tests, your statement of refusal will be used against you at trial.  If you’ve been pulled over for a DUI, contact us today.

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

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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.

 

Cobb County State Court – Pre Trial Diversion

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If you are arrested for the following offenses, you may be eligible to participate in a diversion program.

The eligible offenses are:

  1. Minor in Possession of Alcohol
  2. Possession of a Fake ID
  3. Possession of Marijuana (VGCSA)
  4. Theft by Shoplifting
  5. Theft by Taking

So if you are arrested on any of these charges, do not walk in to court and plead guilty. You definitely will want to consider the diversion program. If you are accepted and complete the diversion program, then the case will be dismissed and your record will be sealed.

In Cobb County, the prosecutor, otherwise known as the Cobb County Solicitor General, will require you to have an attorney. They will not let anyone enter into the diversion program if they are not represented by an attorney. We will work with you on a payment plan that fits your budget.

There is a $ 350 fee for any person that would like to participate in the diversion program.

There are several requirements that must be completed within 12 weeks once you enter the program. You can complete the requirements earlier than 12 weeks.

  1. Community Service:
    1. For Marijuana possession, theft by shoplifting and theft by taking, you must complete 40 hours of community service.
    2. For possession of a fake ID, you must complete 60 hours of community service.
    3. For minor in possession of alcohol, the community service varies:
      • 40 hours – if you blow below a .08 or are not offered an opportunity to blow into a portable breath device
      • 60 hours – if you possess a fake ID and blow below a .08
      • 80 hours – if you blow between a .08 and .15
      • 120 hours – if you blow above a .15 or refuse.4.

All Cobb County Police Officers are trained to request a breath test if you are caught with an alcohol and are not 21 years of age.

  1. Admissions
    1. For possession of a Fake ID and Minor in Possession of Alcohol, the defendant must admit, in writing, from whom and where they obtained the alcohol and fake ID
  2. Clean Screens
    1. You must pass 3 drug/alcohol screens during the 12 weeks. These drugs screens must be done through the Cobb County Superior Court Drug Lab unless previous permission is granted to do it elsewhere.
    2. These drug screens are for Minor in Possession of Alcohol, Fake ID and Marijuana Possession cases only.
  3. Alcohol and Drug Evaluation
    1. If you are charged with Minor in Possession of Alcohol, Fake ID or Marijuana Possession then you must complete an evaluation from a state certified evaluator. If this evaluation requires treatment, then you must complete the treatment within the allotted time.
  4. Theft Seminar
    1. If charged with theft by shoplifting or theft by taking, you must complete an approved theft seminar.
  5. Essay
    1. If you are under 21 years old, then you must handwrite a 2 page essay about why you should be admitted into the diversion program.
  6. Additional Classes
    1. For Minor in Possession of Alcohol, Possession of a Fake ID and Possession of Marijuana (VGCSA) you must complete one of the following:
      • MADD Victim Impact Panel
      • Teen Drug and Alcohol Impact Program (only if under 25 years old)
      • S.M.A.R.T. Program

So if you are arrested for any of the above, do not panic. Please call us so we can discuss your case, your defenses to your case and see if you are eligible to participate in the diversion program. It is a great way to make sure you do not have a criminal record.

Give us a call 24/7 at 404-581-0999

My lawyer told me they are hoping to get my DUI reduced. What can I do to help?

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You may not know it, but you can play a huge role in helping your lawyer get the best deal possible for you in your DUI case. Many people assume that in their criminal case, they are at the mercy of the lawyers on both sides, and that they just have to wait until they hear something about an offer or a court date. This is not so. You have lots of power to affect the outcome of your case by being proactive and taking steps to complete required or recommended conditions for folks facing a DUI charge. Taking charge of your case by taking the following steps shows the solicitor that you are proactive and cooperative, and illustrates to the judge that you are taking the charges seriously and you want to handle the case quickly and responsibly. So, what can you do?

  1. Think about enrolling in a DDS-certified DUI School or Risk Reduction Class. There are dozens of convenient locations all over the state to choose from. The class is 20 hours long, and it costs $260 to enroll in the course. Many locations allow the class to be taken virtually or on weekends, so you should be able to easily find a location and time that works with your schedule. Click the following link for more information on finding a Risk Reduction class near you. Make sure that you provide the Certificate of Completion to your defense attorney or to the solicitor at your court date to show them that you have already started taking steps to handle your case. https://online.dds.ga.gov/ddsgeorgiagov/locations/certified-dui-schools.aspx
  2. Take a Defensive Driving class. DDS requires those who have been convicted of DUI to take a 6-hour certified Defensive Driving Class, and completion of the class is oftentimes a condition to getting a solicitor to agree to reduce your DUI charge to reckless driving or another lesser charge. The class is 6 hours and costs $95. Even if you have not been charged with DUI, but you have lots of points on your license, taking this class can remove up to 7 points from your license and reduce the cost of a traffic fine by up to 20%. This class also provides participants who complete the course with a Certificate of Completion that you can provide to your attorney or the solicitor in Court. Click the following link to see schools in your area: https://online.dds.ga.gov/ddsgeorgiagov/locations/driver-improvement-schools.aspx
  3. Talk to a professional and have an alcohol and/or drug evaluation. If you have been charged with DUI in Georgia, solicitors often want to make sure that there is not an underlying substance abuse issue. Reach out to mental health professionals in your area and make an appointment with a Certified Alcohol and Drug Counselor. They will have you in to discuss your use of drugs and/or alcohol, and make a recommendation if they believe that, based on your discussions, you need treatment to address alcohol or drug use. Be honest with your counselor so that they can make the best treatment recommendation for you that they can. If you have been recommended treatment, go ahead and begin that recommended treatment. Taking that step to improve your relationship with drugs and/or alcohol can be empowering, and it shows the Court that you recognize that you may have an unhealthy habits, but that you are taking steps to improve your mental and physical wellbeing. We know several excellent professionals if you need any help getting started. Feel free to give us a call at the number below.

We attorneys work hard to make your experience smooth and efficient, but it may feel like your case is moving slowly, and distant court dates can hang over you and weigh you down. Checking one or two of the above items off of your list can help to expedite your case, ensure you get a better offer, and can empower you. You are as much a part of your case as the attorney, and we want you to be involved! We have access to resources and information to help you get through this. We want to help. If you have any questions, please contact our office at (404)-581-0999.