Unfortunately, with the way current Georgia law is written, your chances of having a DUI expunged are slim to none.  For example, if a DUI is dropped, but you plead to a lesser charge, your DUI arrest is not eligible for expungement.  Additionally, if your case is dismissed because a witness cannot be found or evidence of your DUI is suppressed or thrown out by the Judge, your arrest is not eligible for expungement.  Guilty pleas, no contest pleas, and even not guilty verdicts do not currently allow for record expungments in Georgia.

With this being said, the Georgia legislature recently passed and the Governor signed into law House Bill 1176, which would be more liberal with expungments in all criminal cases.  Expungements will now be possible in certain situations where the DA or Solicitor has not commenced a prosecution after an expiration of time, where a person is acquitted of all charges at trial, and where a person successfully completes a conditional discharge probation period or drug court program (without further trouble for 5 years).

While this will allow more Georgian’s to be eligible to have their future charges expunged, it will not apply retroactively and it makes no specific provisions for DUI arrests.  In January 2012, one Georgia  legislator proposed a bill aimed at DUI arrests specifically.  For now though, it appears as if being acquitted of all charges at trial could yield the largest benefit to DUI defendants fighting for a clear record.

Under the new law, there are still graduated punishments for second, third and fourth offenses.  A fourth offense shoplifting charge is still considered a felony regardless of whether past shoplifting crimes were misdemeanors or felonies.  Additionally, the new law will only apply to crimes committed on or after July 1, 2012, when the bill takes effect.

The new shoplifting provisions were signed into law as part of sweeping legislation to reform numerous areas of Georgia’s criminal law and ultimately save- or reallocate- tax dollars used to prosecute and confine those accused under Georgia law.  Other key areas of the law will modify criminal record expungements, alter sentencing and elements for various other crimes (including theft crimes), revamp drug and accountability courts and provide for an extended statute of limitations on certain crimes against minors.

If you have questions or comments about Georgia’s new shoplifting statute and how it may apply to your case, contact me directly today- I am happy to discuss the changes with you.

-Have a D/D or a taxi company handy and lined up before you make it out, this will increase the likelihood that you follow through and don’t get behind the wheel after drinking too much.

- If you do drink, do it in moderation.  If you feel buzzed or impaired, play it safe and call a cab.

If you do get pulled over, remember that even the slight odor of alcohol will likely lead to you being further investigated for DUI.  You have the right to decline to take any field sobriety tests, and you should.  These test, like standing on one leg and walking a line are designed for failure and hardly ever exonerate you.  You also have the right to decline any preliminary breath test.  Decline.  These handheld devices are not accurate and there is no standard procedure in place for checking their calibration.  In fact, they are generally only admissible in court for the limited purpose of showing whether you showed positive or negative for any alcohol.

If arrested, you will likely be read your Georgia Implied Consent rights.  You are legally obligated (but able to refuse) testing of your blood, breath, or urine under Georgia DUI laws.  While the chemical test is almost always a DUI officer’s strongest evidence against you- assuming you are over the limit- if you refuse testing, you typically face more harsh license penalties.  These laws get very convoluted very fast.  In general, the advice is to decline this testing.

If all else fails and you are arrested for DUI on this Cinco de Mayo, remember that you have deadlines to meet in defending your case.  Once you are arrested, booked in and bonded out, you will need to start building your defense.  If you are put in this situation, call me directly.  I handle DUI and other traffic and criminal cases throughout Metro Atlanta and will give you honest, solid advice on how to defend your case and how I can help you.

If you want to read more before calling, please see my helpful information on Georgia DUI laws and defending your case.  Also, see my recent client reviews for people that were in your situation.

To start the process, the party seeking to take out an arrest warrant must fill out supporting documentation in the county magistrate court.  The application will usually contain information about the subject, as well as a brief description of the charges sought and the events that lead to the warrant application.  If a warrant is applied for against you, you are entitled to a hearing before the warrant is issued.  This is commonly referred to as a warrant application hearing.  At this hearing, the Judge will hear from both sides and then decide whether probable cause exists to issue an arrest warrant.

You are entitled to have an attorney at these hearings, as they are criminal in nature.  Additionally, you can subpoena witnesses to testify on your behalf.  You can testify, or elect to remain silent.  It is the applicant’s burden to prove  there is probable cause to arrest you for what they are alleging you did wrong.  However, if the Judge does find probable cause, there will be a warrant issued immediately- either felony or misdemeanor depending on the charges- and you will likely be taken to jail in order to post a bond until further court dates.  In the event that a party does not show up, the Judge will either dismiss the warrant (if the applicant does not show), or issue the warrant against you (if you do not show and the applicant shows probable cause).

Being a defense attorney, I have handled many of these hearings.  I see warrant applications ranging from stolen car/pet/phone issues to aggravated assault and terroristic threat charges.  Remember, depending on the alleged violation, the charges could be felony charges that result in the local District Attorney’s office taking over prosecution of the case.  Even where there are likely misdemeanor charges, it is very important to prepare a defense in advance of these hearings.

If you have received notice that someone is applying for a warrant against you, call me today to discuss your particular situation.  I will give you my prospective on the potential charges and speak with you about building your best defense.  Often times warrant application hearings can be won and an arrest and criminal record avoided- however, a well prepared defense is vital in these situations.  Call or email me today to discuss the facts of your particular case.

Sec. 106-81. – Disorderly conduct.

It shall be unlawful for any person within the corporate limits of the city to engage in any conduct described in the following subsections; provided, however, that no person shall be convicted of any of the following sections upon a showing that the predominant intent of such conduct was to exercise a constitutional right to:

(1)

Act in a violent or tumultuous manner toward another whereby any person is placed in fear of the safety of such person’s life, limb or health;

(2)

Act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed;

(3)

Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;

(4)

Assemble or congregate with another or others for the purpose of, or with the intent to, engage in gaming;

(5)

Be in or about any place, alone or with another or others, with the purpose of or intent to engage in any fraudulent scheme, trick or device to obtain any money or valuable thing; or to aid or abet any person or persons in doing so;

(6)

Direct fighting words toward another, that is, words which by their very nature tend to incite an immediate breach of the peace;

(7)

Interfere, by acts of physical obstruction, another’s pursuit of a lawful occupation;

(8)

Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a city police officer or other lawful authority;

(9)

Stand or remain in or about any street, sidewalk, overpass or public way so as to impede the flow of vehicular or pedestrian traffic, and to fail to clear such street, sidewalk, overpass or public way after being ordered to do so by a police officer or other lawful authority;

(10)

Disrupt by actions which tend to incite a breach of the peace the undisturbed activities of any house of worship, hospital, surgi-center, or home for the elderly; or

(11)

Throw bottles, paper, cans, glass, sticks, stones, missiles or any other debris on public property.

(12)

Accost or force oneself upon the company of another;

As you can see, this law bans 12 types of conduct or actions.  Disorderly conduct laws are often used as a ‘catch all’ law by police  if they can’t find a separate statute that you are in violation of.

If you would like to learn more about how I approach and defend these cases, as well as some common scenarios, please see my page: Atlanta Disorderly Conduct Laws, or email/call me directly.   I am happy to discuss your case with you and give you my assessment of how I would best defend your case.

Typically, those charged with disorderly conduct violations are arrested, which can lead to long term problems with criminal background checks, as arrests and convictions could be reported to the State of Georgia and even Federal government.  If charged with disorderly conduct, it is important to understand the difference between a local ordinance charge and a state law charge; the differences in how the crimes are reported can be vital in securing the best result possible for your case.

Frequently, plea bargains can be obtained on disorderly conduct charges that result in the charges being dropped.  Sometimes, if your record is clear, and you have a strong case, expungment is also obtainable.  Community service, fines, probation, and some amount of counseling and/or classes are all things I have seen clients sentenced to in disorderly conduct cases. If you have been charged with disorderly conduct, or a similar charge (disorderly under the influence, drunk and disorderly, interference with public property, obstruction) give me a call today to discuss your defense options.  Remember, how you plea and the fine print on any negotiated pleas can have lifelong effects on your record.  Call me or email me today and I will be happy to review your case with you.

The first step you must take when arrested and booked for DUI in Georgia is to preserve your right to a hearing before your license is suspended.  This is completely separate and unique from your criminal case.  In order to preserve your right to a hearing, you will need to follow the instructions on your 1205 form (yellow sheet with license suspension information) and send the Department of Driver Services an appeal letter.  It is always a good idea to have an attorney draft and submit this letter on your behalf, as it is more of a routine practice for those who defend DUI cases, and chances are minimized that any crucial information will be lost or omitted.  In fact, if you contact my office, I provide these letters as a courtesy for anyone charged with DUI.  All you need to do is pay certified postage and the department’s $150 filing fee.

If you were charged with DUI over the weekend, and need advice on defending your case, call me directly today.  We will take the first steps in saving your license and come up with a strategy to defend your case.   I am happy to speak with you either over the phone, or in-person about your situation.  Remember, if you fail to send a letter to driver services, your license can be suspended from anywhere between 30 days and twelve months even on a first DUI arrest, and there are sometimes not hardship, or work permits available.  Call me today to figure out the potential actions that will be taken against your driver’s license, and to take the initial steps in defending your right to drive.  Additionally, the DUI F.A.Q. section of my website has answers written by me personally, not by a content writer sitting in another state.  Look through this content, you will find it helpful, honest, and informative. 

Officer Thomas was struck and killed while attempting to help investigate an earlier vehicle wreck near the I-75/85 Brookwood Interchange in Atlanta.  It was reported that Jones, who refused further breath or blood testing after her arrest, did take a breath test at the scene, registering at a .16.  Officers were still able to obtain a search warrant and conducted a blood draw on the suspect.

Under Georgia law, a magistrate court may set a bond on all but a few offenses.  While a vehicular homicide/DUI charge is eligible for bond without the signature of a Superior Court Judge, either Fulton County policy, or the suspect’s history and other factors may have been relevant in the magistrate denying her bond.  This means the case will now be put in front of a Superior Court Judge that will decide on whether a bond will issue, amongst other things.

While the first stories report that Jones took a breath test at the scene and registered at almost twice the legal limit, these hand held breath tests are only admissible in Georgia courts for the limited purpose of showing whether a suspect was positive or negative for alcohol.  While the devices, commonly known as PBT’s, do show a numeric value to the officer, the results are not admissible in hearings or at trial.  Frequently, these small, hand-held devices go months without any calibration or inspection.   The devices are typically used only as one of a battery of tests to determine if a driver is impaired by alcohol.

The decision to set a bond is in the hands of a Judge and bonds may be set on vehicular homicide cases without the signature of a Superior Court Judge.  Frequently on DUI charges not involving an injury or death, a bond is set without even going in front of a Judge, which begs the question: should DUI suspects be required to go in front of a Judge to determine whether or not they will be released, and under what conditions?  What factors would you consider in deciding whether or not to release a suspect on a bond?

For more information on Georgia’s different breath tests used in DUI arrests, read this.

The Bill, HB 799, would apparently require offenders to go five years without any driving infractions in order to be eligible for a second chance under the legislation.

Under current Georgia law, a DUI remains on your record forever.  Expungement is all but non-existent in DUI situations, and any finding of guilt, innocence, and even “no contest” pleas will stay on your record.  Frequently, I answer questions relating to background checks, employment screens, and insurance inquiries, and the answer is typically that unless you have an agreement, in writing, for the charges to be expunged, it will likely appear on your record.  Georgia law does not even allow for First Offender pleas on DUI charges, even though those accused of felonies are frequently granted first offender status.

With punishments for DUI convictions generally increasing, and anti drunk driving organizations calling for tougher DUI sanctions, like ignition interlock devices being placed on all offender’s vehicles, the Representative’s bill certainly seems to be a step in a different direction.  I can only imagine that there will be many terms and conditions attached to potential pleas or cases worked out under the proposed legislation.  Probation, mandatory treatment, fines, and other conditions are already usually required in many DUI cases, in an effort to both punish and rehabilitate drunk driving offenders.   Additionally, there will likely be heavy opposition to the bill from organizations already calling for tougher DUI laws.  The question is, what would differ under this proposed new law?  Do you think it would be a good idea to give a second chance on a DUI conviction?   Is Georgia law unreasonable in not currently allowing a pathway to having a first DUI charged removed from your criminal record?

Q: I am 19 years old and was arrested for having a very small (about a gram) of pot on me.  What is the best and worst case scenario for my case?  Should I talk to the prosecutor alone?  I’ve heard I could plead ‘nolo’ and at least save my Georgia Driver’s License, is this true?

It is never a good idea to ‘go it alone’ when it comes to defending yourself against criminal charges in Georgia.  Prosecutors are well trained in the law, and their job security depends, to a certain degree, on convictions, not ‘cutting breaks’.  In even a seemingly simple marijuana possession charge in Georgia, there are many, many angles to be analyzed when deciding how to pursue a case.  For instance, there are sometimes pretrial diversion programs, Georgia conditional discharge pleas, and Georgia first offender pleas, which each contain unique benefits and potential pitfalls.

For Georgia drivers under 21 years old, the Georgia driver’s license suspension rules are unforgiving.  No contest pleas hardly ever save a minor’s (under 21) license, even though they would save the license of an adult.  Often times marijuana and alcohol possession charges carry a driver’s license suspension for those drivers under 21 as well.  While the Georgia Department of Driver Service has black and white rules, with hardly any flexibility, having an experienced and knowledgeable Georgia defense attorney will pay off when attempting to salvage your rights, like the right to drive.

For young clients, the goal is usually to give you a fresh start; that is, to prevent one bad decision from following you for life.  The worst thing a minor can do is to simply go into court looking for the easy way out, like a simple guilty plea.  While some courts may allow you to simply pay a fine and walk, remember: a Georgia criminal conviction is forever.  Your Georgia criminal record will memorialize your mistakes for the rest of your life, with employers, schools, and all government officials having access to your past convictions.