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Georgia DUI

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When you are pulled over for suspicion of a DUI, the officer will conduct a test called “horizontal gaze nystagmus” or HGN for short. This is the test where an officer will ask you to follow either their finger or a pen to see if the eyes involuntarily jerk or twitch as your eyes move laterally.

The test must be done correctly. The officer must place the stimulus (usually a pen or their finger) 12 to 15 inches away from your nose and slightly above eye level. Then the officer must move the stimulus in a stage consisting of 14 passes. The first stage of passes has the officer moving the stimulus from left to right to center for at least two seconds to check or equal tracking of the pupils.

The second stage has the officer place the stimulus from the center position to your left and back to the center. They will repeat this for the right eye. The stimulus should be moved at a speed that takes at least two seconds from the center position to the side position.

The third stage of passes is designed to determine whether the person has distinct nystagmus at the point in which your eye is fully moved to one side and cannot move any further. The stimulus moves from center to the side taking at least two seconds, holding at the side for at least four seconds, and then moved back to the center in at least two seconds.

The final stage is a set of four passes designed to determine if the onset nystagmus occurs before your eye moves to a 45-degree deviation. It must take at least four seconds to move the stimulus from your center to a spot around your shoulder. The stimulus must be held long enough to confirm the onset nystagmus. Each of the passes in this phase must take at least eight seconds, with a three second count out, a two second count hold, and a three second count back.

 

It is vital to note that the entirety of the HGN test must take AT LEAST 82 seconds- usually around 90 seconds. If the officer is well under that time, then they employed the test incorrectly and the HGN test can be excluded from any evidence that could indicate potential impairment. The stimulus must also remain in the 12 to 15 inch range from your nose and its path cannot loop or curve. If it does, then the officer did not administer the test properly. If you’re pulled over for a DUI, make sure you know the process for HGN evaluation and call our office today.

DUI Probation in Hall County

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If you are entering a plea to a DUI in Hall 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. Hall 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 Hall County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Hall 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 Hall 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

DUI Probation in Bartow County

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If you are entering a plea to a DUI in Bartow 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. Bartow 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 Bartow County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Bartow 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 Bartow 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

DUI Probation in Henry County

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If you are entering a plea to a DUI in Henry 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. Henry 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 Henry County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Henry 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 Henry 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

DUI Probation in Rockdale County

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If you are entering a plea to a DUI in Rockdale 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. Rockdale 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 Rockdale County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Rockdale 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 Rockdale 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

DUI Probation in Cherokee County

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If you are entering a plea to a DUI in Cherokee 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. Cherokee 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 Cherokee County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Cherokee 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 Cherokee 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

DUI Probation in Cobb County

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If you are entering a plea to a DUI in Cobb 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. Cobb County judges have a lot of control over the sentence. For example, some 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 Cobb County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Cobb 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 Cobb 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

DUI Probation in Cobb County

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If you are entering a plea to a DUI in Cobb 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. Cobb 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 Cobb County judges will not make you serve any time if you complete your probation requirements.

Entering a guilty plea to DUI in Cobb 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 Cobb 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

Probation Violations in Georgia

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In Georgia, a common consequence after a conviction of either a misdemeanor or a felony is a term of probation. A separate proceeding may occur if the accused, after conviction of a crime, violates his/her probationary conditions. This separate proceeding is called a probation revocation.

When an accused is sentenced to probation, he/she is usually required to comply with certain conditions in order to successfully complete probation. If these conditions are not strictly complied with, it may result in his/her probation being revoked. Common probationary terms include, but are not limited to:

  • Regular reporting to a probation officer
  • Maintaining a job while on probation
  • No contact orders
  • Loss of gun rights
  • Drug counseling and treatment
  • Community service hours
  • Restitution to the victim
  • Random alcohol and drug screens
  • No new arrests

In Georgia, there are essentially three ways to violate probation:

  1. Technical Violations: This occurs when the probationer fails to meet a technical condition of his/her probation such as failing to pay restitution to the victim, failing to report to his/her probation officer, or failing to pay fines associated with probation.
  2. Special Condition Violation: This means that the probationer failed to comply with special conditions, which were imposed by the judge on the probationer, such as failing to comply with random drug screens or drug counseling.
  3. Substantive Violations: This occurs when the probationer was arrested for committing another criminal offense while on probation. In Georgia, this is usually the most serious violation of probation and could potentially revoke the probationary term and require the probationer to serve the rest of his/her remaining sentence in jail or prison.

When one of these probation violations occurs, the probation officer may file a petition to revoke the term of probation and notify the probationer of his/her intentions to do so. If this occurs, there will be a hearing called a “probation revocation” hearing to determine whether the probation will be revoked and the consequences of that revocation.

Due to the possibility of jail time if a person’s probation is revoked, it is of vital importance to hire an experienced criminal defense attorney who understands all possible options when dealing with probation violations. Here, at the Law Offices of W. Scott Smith, our attorneys are skilled and knowledgeable about these proceedings and we advocate tirelessly for our clients and their constitutional rights. Therefore, if you have an active probation warrant or are at risk of your probation being revoked, please call our office today at 404-581-0999 for a free consultation.