The City of Roswell has a court for DUI cases made by their police department. Though you can have a trial in front of a Judge in the City of Roswell’s DUI court, you also have the right to a jury trial, which would take place in the Fulton County Court system, even on local Roswell traffic tickets or DUI charges. There are many factors that go into the jury trial decision, which involves moving your case from the Roswell Municipal Court. If you have a DUI, or other charge pending in Roswell, call, or email me today and I will be happy to discuss your options with you.
Roswell Georgia DUI & Traffic Laws
Roswell law enforcement officers are empowered to enforce both the traffic laws of the City of Roswell as well as the traffic laws set out under Georgia state law. If a Roswell police officer observes any violation of city or state law, he can stop you and arrest you.
The most common Roswell traffic offenses that I defend are:
- Reckless Driving
- Aggressive Driving
- Leaving the scene of an accident
- Car accident citations
- Hit and Run
If you are arrested for a traffic offense in Roswell, you generally have the option of dealing with the charge in Roswell Municipal Court, or having your case “bound over” to Fulton County. Very serious offenses like vehicular homicide will be sent to Fulton County automatically, as the Roswell court is not empowered to handle felony charges.
Misdemeanor traffic offenses in Roswell – including a Roswell DUI – can be handled in Roswell Municipal Court and, as a matter of strategy; I find that there are many instances where a municipal court like Roswell can offer my clients a faster resolution and advantageous plea terms.
Choosing to proceed in Roswell vs. binding (transferring) the case to Fulton County has advantages and disadvantages. I encourage you to discuss the pros and cons with a lawyer before making this decision.
City of Roswell DUI Charges
If you are arrested and charged with DUI in Roswell, you will be booked into the Roswell jail (located at 39 Hill Street, Roswell, Georgia 30075) and bail will be set by a judge that handles cases in Roswell, or possibly determined by a pre-determined bail schedule. You will need to find a bonding company approved to post bonds in Roswell, or have the means to make your own bond to be released.
Your DUI arrest represents both a criminal charge filed against you by the City of Roswell and a civil charge regarding your driver’s license filed against you by the Department of Driver Services of the State of Georgia. While you can and should be focused on the criminal charge, you should not ignore the threat to your driver’s license.
In fact, under Georgia law, within ten (10) days after your arrest, you must send a letter to the Georgia Department of Drivers Services to request a hearing to determine whether you can keep your license. If you do not request this “administrative” hearing, you will lose your license for a minimum of one year. (up to 5 years, depending on criminal history and pending charges)
I regularly speak to new clients in who waited more than 10 days to call me and while I can help those folks with regard to their DUI charges, there is little that can be done to preserve their right to drive for the next year.
If it has been less than 10 days since you were arrested for DUI, please call me now to discuss the steps you need to take to preserve your right to drive.
Entering A Plea on DUI Charges in Roswell
Since Driving Under the Influence is a violation of both Georgia state law and Roswell municipal law, you generally have the right to have your case decided in either Roswell Municipal Court or in Fulton County state court.
I have tried cases and entered pleas in both Roswell Municipal Court and in Fulton County and I would happy to discuss with you the advantages and disadvantages based on the facts of your specific case.
Plea bargains are potentially available both in Roswell or in Fulton County state court. The factors that go into plea bargain negotiations will be very specific to your case. Like every criminal defense lawyer, I have my own approach to these negotiations, and I discuss those strategies only with my clients. I will say that a “successful” resolution of your DUI case can range from an outright acquittal (being found not guilty) to a reduction of DUI charges to a less serious crime like a simple traffic offense or reckless driving.
No matter what the situation we face, my number one goal is to represent you zealously and fight to have you exonerated of the charges you face. Call me directly at (404) 590 6642 to discuss your case.