Dec. 2013: Our client was pulled over for running a stop sign and took the field sobriety tests. Case was tried in Fulton County.
Verdict: NOT GUILTY
Dec. 2013: Client was pulled over for aggressive driving in Cobb County. Officer had him take the field sobriety tests. Case was tried in Cobb County. Verdict: NOT GUILTY
Oct. 2013: Two DUI charges reduced to Reckless Driving in Cobb County. After preparing for trial, one was dismissed and the other dismissed the day our motion to suppress was being held.
Sept. 2013: DUI charge in Milledgeville reduced to a Reckless Driving.
July 2013: DUI charge in Smyrna reduced to Reckless Driving
January 2014: Client stopped in Kennesaw, Georgia. He did the field sobriety tests and was arrested. After a jury trial in Cobb County, he was found Not Guilty on all counts
October 2014: Client was charged with Aggravated Battery and Aggravated Assault. After a jury trial in Cobb County he was found
NOT GUILTY of both counts.
November 2014: client was charged with DUI per se, DUI Less Safe and Failure to Maintain Lane in Cobb County. She was found
NOT GUILTY of all counts.
191 Roswell St Marietta, GA 30060
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ARRESTED FOR DUI? CALL (844) DUI-RICH
ARRESTED FOR DUI? CALL (844) DUI-RICH
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If you requested an Administrative License Suspension Hearing (ALS) by filing a letter within 10 days of your arrest, you will be affording a hearing before an Administrative Law Judge. Several things can occur at the hearing. The Officer may not show for the hearing. If this is the case, your attorney will file a motion to resend the suspension with the Court; thus dismissing the request to suspend your driver's license.
If the officer shows, three things can then occur. First, the officer may agree to a unilateral withdrawal of your suspension. This means, he is dismissing the request to suspend your license. Secondly, the officer and you may enter into a joint withdrawal of your suspension. This will require you to enter a guilty plea to DUI in Court in exchange for the officer dismissing the suspension petition. Finally, you can have a hearing in from of the Administrative Law Judge. The standard of proof is lower than a criminal trial and the only results of the hearing are that your license will be suspended or the petition is dismissed.
Failure to request a hearing will automatically result in the suspension of your license on the 31st day. In case you refuse to submit to a given testing, your license will be placed under a one-year suspension. You will also not qualify to apply even for a restricted or limited license. You must be aware that there are no exceptions that exist in cases of refusal so you need to be careful and ready to hire a counsel right away.
During the hearing, your Cobb County DUI Attorney may be able to argue the arrest for DUI or the violation of Georgia Implied Consent Law due to lack of probable cause. The arresting officer or any officer present must read the Georgia implied consent warning during the time of the arrest. They also need to correctly answer all your questions in accordance to the implied consent law.
If the response of the arresting officer contradicts what is stated in the implied consent warning of Georgia, the State may lose its power to use necessary chemical examinations. These types of examinations include a blood test, breath test, or urine test that can be used against you in court.
There are potential defenses in Georgia during your ALS hearing. While many attorneys easily assume guilty or lose their hope from day one, every case still needs to go through proper investigation. Below are some of the potential defenses that you need to know:
If your license is suspended and it is a test case and this is your first DUI, you may be eligible for a temporary driving permit for 30 days. After 30 days you can apply to get your license reinstated upon showing proof of completion of the Risk Reduction Course (DUI School) and paying a restoration fee. If you are suspended because you refused the test, you are not eligible for a limited driving permit. You license will remain suspended for one year or if your DUI is reduced or dismissed in Court, whichever comes first. To learn more, contact a Marietta DUI lawyer from our team as soon as possible!