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What to expect during a DUI stop in Kennesaw, GA

By: 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.

What to expect during a DUI stop in Sandy Springs, GA

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Sandy Springs, 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 Sandy Springs, GA for DUI, your case will be sent to Sandy Springs Municipal Court. In the Sandy Springs 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 Sandy Springs, GA and would like a free consultation, call us at (404) 581-0999.

Handling Your Misdemeanor Case in Georgia during the COVID-19 Pandemic

The court system in Georgia has changed drastically over the past nine months. Judges have adopted virtual court appearances. Prosecutors and defense attorneys are working their cases from home. Clerks offices and entire courthouses throughout Georgia have been shut down due to positive COVID cases.

The handling of misdemeanor cases in Georgia has become a completely different process from arrest through closure. Police officers are issuing citations instead of arrest in many situations. Cases that would normally require fingerprints at the time of police interaction like theft by shoplifting, driving on a suspended license, misdemeanor possession of marijuana, and even DUI are ending with our potential client being released instead of taken to jail.

Court appearances are being postponed, sometimes to months later. It took the Municipal Court of Atlanta almost eight months to re-open after the beginning on the pandemic. They are still catching up on cases at this time. Delays in resolution means cases are outstanding for longer periods, and in some cases able to be seen by persons running background checks for a longer period of time. Also, just because you weren’t arrested doesn’t mean fingerprints will not be required before your case is resolved.

Having a Georgia attorney experienced with misdemeanors during this time is essential in trying to get closure as quick as possible on your case. An attorney can reach out to the prosecutor’s office and try and fast track your case to get it resolved as quickly as possible.

Our office is available 24 hours a day, 7 days a week for a free consultation. Call us today at 404-581-0999.