If you are reading this article, chances are you were arrested over the weekend for a DUI, or related crime. If arrested in Georgia for a DUI, whether you submitted to the state test or not, you are likely facing a license suspension. In fact, the only way you are not subject to a license suspension is if you took the state’s test and blew under the legal limit. The limits in Georgia are a .08 for drivers twenty-one and older, .04 for commercial vehicle drivers, in a commercial vehicle, and .02 for minors under age twenty-one.
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.
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A Fulton County Magistrate Judge denied bond on Thursday for Chasity Jones, who stands accused of striking and killing Senior Atlanta Police Officer Gail Thomas while under the influence of alcohol late Tuesday night. Magistrate Judge Jessy Lall set bond on Jones’ two misdemeanor charges, but refused to issue a bond on the felony vehicular homicide charge in a story reported on the AJC.com website.
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.
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In an article posted today on the AJC’s website, Georgia Representative Rusty Kidd of Milledgeville has proposed legislation that could give DUI offenders a second chance to erase a DUI off of their record.
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?
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I recently received a question similar to the one below on how a marijuana case should be defended for someone under twenty-one years old. Please see my answer for helpful advice on defending a similar marijuana charge.
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.
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In Georgia, your criminal record is forever. All arrests, and case outcomes are recorded on your criminal record, which is stored with the Georgia Crime Information Center (GCIC). DUI charges, like most other charges, will never age off, or fall from your record. You cannot plead under Georgia’s First Offender Act to DUI charges either.
In 2008, Georgia DUI laws actually became tougher. A 10 year look back window was enacted to replace the previous 5 year window. Therefore, if you are now convicted of a DUI charge, the court will look back 10 years and hold all previous DUI convictions in the past 10 years against you. Previous charges will increase the amount of jail time, fines, and other court ordered conditions you face. Obviously, with a longer look back period, the chances of reoffending and falling under tougher sentencing guidelines increases. Additionally, as of July 1, 2008, all fourth DUI convictions are considered felony charges in Georgia.
If you have been charged with multiple DUIs, pulling your official criminal history and conducting a thorough examination of your record is an essential step in defending your case. You must know what sentencing you are looking at before making decisions about your defense options. If you are interested in pulling your criminal record, call or visit the website of your local law enforcement agency. For a small fee, these agencies will run your criminal history and give you a copy to provide to your lawyer.
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Georgia’s First Offender Act can be a very useful tool to avoid a criminal conviction in certain circumstances. Often times I find myself counseling clients on the potential good or bad of “burning” their first offender plea.
O.C.G.A. (Georgia’s Code of Laws) provides for the First Offender Act under Sections 42-8-60 through 42-8-66. Under the First Offender Act, if you have not been previously convicted of a felony, you may ask the court to treat you as a first offender if you plead, or are found guilty, or plead no contest to your criminal charges. If the court allows a first offender plea, you may be sentenced to incarceration or probation, and have other terms and conditions placed in your sentence. Once you successfully complete your sentence, the court will enter a discharge without any finding of guilt, and forward the information to the correct record keeping organizations.
If you successfully complete a Georgia First Offender sentence, your charges can not be held against you for most employment screening purposes. This means that potential employers must overlook your prior charges when deciding whether or not to hire you, with a few exceptions. Those who work around children, elderly, handicapped, and POST certified law enforcement officers may not be helped by entering a first offender plea. Generally, the benefit of a first offender plea is self evident: it is a second chance to keep your record free and clear of a criminal conviction.
While a first offender plea can be record saver, it can also have harsh consequences for those who do not successfully complete the terms and conditions imposed by the court. If you do not complete the sentence imposed under First Offender, the judge may sentence you to the maximum sentence allowed for the crime that you were originally charged with. Additionally, since you have already pled, or where found guilty, you don’t get a second chance at defending yourself. Simply put, you will immediately be resentenced, and the sentence will almost always be harsher than your First Offender plea.
If you have been charged with a felony, or even a misdemeanor crime in Georgia, speak to an experienced criminal defense attorney when deciding whether or not to seek a first offender plea. The most common mistake I see is for people to use the plea on a relatively minor charge (misdemeanor), instead of saving it for a rainy day. Certain drug, shoplifting, gun, and even TPO violations can all be felony charges, catching people off guard with their severity. You only get one First Offender Plea; use it wisely.
If you or an acquaintance is facing criminal charges in Georgia, contact me to discuss potentially seeking a First Offender Plea.
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While you may think that a search warrant allows law enforcement to search your home, automobile, or other physical places, Metro Atlanta law enforcement officers are relying more on search warrants to obtain blood samples of suspected DUI drivers. In this AJC article, the trend in obtaining search warrants for DUI arrests in Georgia is discussed. Under Georgia’s implied consent law, all drivers on our roadways give law enforcement consent to take samples of their “blood, breath, urine, or other bodily substances” under certain circumstances. However, the law also includes the implicit right to refuse such testing, though a refusal carries harsh penalties on your driver’s license. A minimum one year suspension of your Georgia driver’s license is put in place if you refuse testing at the officer’s request. No form of hardship or limited permit to drive is allowed for drivers who refuse testing.
According to the article, the Atlanta Police Department may soon start utilizing search warrants to obtain blood samples of drivers who refuse testing of their blood or breath under Georgia’s DUI laws. Douglas County and the Georgia State Patrol already use the search warrants in refusal cases, and will certainly continue to do so. When a driver refuses testing, usually performed on the Intoxilyzer 5000 (Georgia’s breath testing machine), the driver withholds what is usually the prosecutor’s most robust evidence of DUI: a breath or blood test showing alcohol content. The arresting officer is then left with only the physical manifestations such as bloodshot eyes, slurred speech, and the inability to balance, among others. A DUI case is much stronger with direct evidence of a driver’s alcohol content, making the value of the search warrants for blood tests evident in DUI prosecutions.
With this growing trend, it appears that drivers who have relied on the implied consent law to refuse testing will not only be subjected to stiffer license penalties, but will also face a chemical test coming into evidence regardless of their refusal. This creates an obvious problem for the average citizen who exercises their discretion and judgment and does not consent to testing. In my experience, reasons to refuse testing are many; a friend or attorney has advised against it, a driver has concerns about the reliability of the machine, or even the honest belief that there is no reason to give a test if you have not done anything wrong.
If you have been charged with DUI in Metro Atlanta, or North Georgia, and allegedly refused testing, call my law offices today to talk about your case, the potential ramifications of your refusal, and your best defense.
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In a story reported by 11 Alive, Atlanta, a series of roadblocks coined “Operation Thunder” concluded over the weekend resulting in a total of 61 DUI arrests. Additionally, almost 700 citations were issued for safety and other vehicle related offenses.
“Operation Thunder” included a multi jurisdictional taskforce and included new technology designed to gather data and strategically determine the best locations to set up roadblocks. While roadblocks are not new to Atlanta, the data driven technology is apparently in early stages of use.
Frequently, the Governor’s Office of Highway Safety will put together taskforce from many jurisdictions to staff roadblocks with the goal of arresting drunk drivers. It is not uncommon to see Georgia State Patrol, City of Atlanta police, and other county officers working at the same roadblocks- as I suspect was happening in “Operation Thunder”. In a recent case, my firm has seen roadblocks manned by Georgia State Patrol, Sandy Springs, and Alpharetta police all working in unison. These multi jurisdiction taskforces receive funding at the State level to put on roadblocks, with the arrests and citations going before the local court.
If you arrested or cited as the result of “Operation Thunder”, or any roadblock in the Atlanta area, you can read more information on roadblocks at my website here: http://www.4georgiadui.com/
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In a story reported by the associated press, Pittsburgh Steelers wide receiver Hines Ward was arrested in Atlanta, Georgia on Saturday, July 9, for Driving Under the Influence (DUI), after failing field sobriety tests administered at the roadside. Ward, who played high school football in Forrest Park, Georgia, was first noticed by a MARTA (Metropolitan Atlanta Rapid Transit Authority) officer for apparently failing to maintain his lane and running over a curb in the Doraville, DeKalb County area. After witnessing Mr. Ward’s driving, the MARTA officer pulled the star wide receiver over, and called an officer with the DeKalb County STAR team, the county’s elite DUI taskforce. Upon arrival, Officer Catalano with STAR administered standardized field sobriety testing, claiming that Ward failed all three standardized tests, and showed clues of impairment on at least two other tests commonly used by officers- the PBT, or preliminary breath test, and the alphabet test.
The Hines Ward case will rely largely on the video evidence in the case. DeKalb STAR team officers have video equipment in their vehicle, and are wired with microphones to capture conversation during DUI arrests. The trend of wiring up officers to bolster DUI cases is spreading throughout the Metro-Atlanta area, and I am seeing more and more encounters in cases I handle being captured on video. Video evidence in a case, such as the Hines Ward case, can cut either way. The video is the single most neutral piece of evidence. Video simply captures what it sees and hears, without putting any spin on the facts. In Ward’s case, you have a well-trained DUI officer claiming that Mr. Ward failed numerous sobriety evaluations. While technically this may very well be true; a video of the arrest has the potential to allow jurors and the public to see how Mr. Ward was truly acting and performing on these evaluations. While performing one of the standardized tests, the “walk and turn” test, subjects only need to make two mistakes in order to ‘fail’ the test. With close to 100 ways to commit error on this “walk and turn” test, a video can be helpful in allowing a jury to see the true picture of how well someone was performing these tests, dismissing the unfair and bias scoring scale used by law enforcement.
Mr. Ward’s defense will almost certainly examine the circumstances behind the initial officer’s stop of his vehicle. Anytime there are multiple officers involved in the stop of an automobile, yellow flags go up for an experienced DUI attorney examining the case. Georgia courts are constantly revisiting issues dealing with police officer jurisdictional questions, and whether particular groups of law enforcement have the authority to make a stop or arrest. In the Hines Ward arrest, the initial observations and stop of the vehicle were made by a MARTA transit officer, not a DeKalb County Police Officer. This transit officer almost certainly has zero to minimal training in DUI detection and traffic law. However, the Georgia courts seemingly bend over backwards to validate the stop of a DUI driver, and will likely find that if this MARTA transit officer was simply POST certified, that this is enough to allow him to make traffic stops, whether on or off MARTA property. Georgia courts have recently held that POST certified officers have more latitude and authority to make arrests when they have witnessed a violation of law take place. However, this initial stop and its validity will still play a part in the Ward defense.
Filed under Arrest issues, Field sobriety tests by
Atlanta’s Channel 2 recently ran a story with consumer advisor Clark Howard discussing the costly impact of traffic citations on your auto insurance rates. In his piece, http://www.wsbtv.com/news/28337152/detail.html video at http://www.wsbtv.com/video/28338890/index.html, Howard cites one study by insurance.com where drivers that have received a single traffic citation may see an average 18% increase in their insurance policy rates. Accumulating three traffic citations can rocket your premiums by up to 50%, an effect you will live with for at least three years. Even worse, according to the study, DUI charges can impact your insurance rates for up to 10 years.
While Howard suggests taking a defensive driving school, or raising your policy’s deductible in order to bring your policy’s rates back down, the most effective option is to limit you’re your insurance company sees in the first place. Under Georgia law, traffic courts only transmit the final disposition of your case to the Georgia Department of Driver Services (DDS), which is the agency insurance companies pull their information from. Therefore, hiring an attorney to defend your charges and navigate you through the local court system is always the smartest option in dealing with a traffic citation’s impact on your driving record and insurance rates.
For example, if you are pulled over for speeding at 86 mph in a 55 mph zone, like much of I-285, your insurance company will see the actual speed reported to DDS (86/55) and will see that you were assessed four points for the violation under Georgia law. Even if you enter a “no contest,” or nolo contendre plea, insurance will still see your actual speed (86/55) and likely raise your rates on this fact alone, even though Georgia DDS will not assess you the points if it’s your first no contest plea in the past five years. Having an attorney defend your case can often times result in a reduction of the actual speed transmitted to Georgia DDS. Even if your attorney is able to secure a smaller reduction in your reported speed, say 75 mph in a 55 mph, it will still save you points and insurance money in the long run. Any speeding citations reduced to less than 15 mph over the posted speed limit will not be transmitted to Georgia DDS at all, effectively saving you from insurance even knowing that you received the citation. Your most cost effective option in handling a traffic citation in Georgia will almost always be to pay for a competent attorney up front to do everything possible to save you from paying out in the long run in increased insurance rates.
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