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Atlanta DUI Lawyers

• Kim, Judy: When a person is arrested for drunk driving, he/she will be brought back to the police station where he/she will have the choice of taking a breath test or blood test. If the test indicates that the driverÕs BAC is at or above 0.08%, then he/she will be booked on DUI charges. Once the driver has been book for DUI, he or she will be released from police custody, either on bail or on a written promise to appear in court at a later date. The first step in the DUI criminal process is the arraignment. At the arraignment, the driver enters a plea of Òguilty,Ó Ònot guilty,Ó or Òno contestÓ to the criminal offense of driving under the influence. If the driver pleas ÒguiltyÓ or Òno contestÓ to the DUI charges, then he/she will automatically be sentenced by the judge. However, if the driver pleas Ònot guilty,Ó then a court date will be set for criminal trial. In the event that a DUI case goes to trial, twelve jurors will be selected to hear the case and determine if the driver is guilty or not guilty of driving under the influence. ItÕs important to note that not all DUI cases end up going to trial. In fact, Atlanta DUI attorney Judy Kim helps her clients avoid trial by making plea bargains with the prosecution, and settling the case outside of court. Contact Atlanta DUI Attorney If you have been arrested and charged with DUI, itÕs important to hire an aggressive attorney to represent you in criminal court, and fight on behalf of your best interest.
• Yager, Cory: Georgia POST Certified Police Officers are trained on the (NHTSA) Ð National Highway Traffic Safety Administration standardized field sobriety testing (SFST) evaluations. The three standardized field sobriety tests are: (1) The Horizontal Gaze Nystagmus, (2) The Walk and Turn, and (3) The One Leg Stand In addition to these Standardized Field Sobriety Evaluations, Police Officers also commonly use field sobriety tests that are not standardized: Alphabet Test In this evaluation, the officer will ask you to say the alphabet or some portion of the alphabet. Commonly the officer will ask you to refrain from singing the alphabet when saying it as well. There are a lot of factors that can effect your performance on this evaluation besides alcohol. Fatigue, stress, age, fear, and weather conditions can affect your performance. Additionally, there are no studies that link inability to say your alphabet with intoxication. Finger to Nose Test In this test, the Police Officer will ask you to extend your arms to the side forming a ÒTÓ. The officer will then ask you to touch the tip of your index finger to your nose as instructed and will alternate the hands with which he wants you to perform this task. Again as in the alphabet test other factors such as weather, fatigue, age, fear, and stress can cause poor performance on this test. Rhomberg Test As more and more Georgia Police Officer attend DRE training, the Rhomberg (or Modified Rhomberg) is becoming more popular. Again there has been no correlation between observations made by police officers using the Rhomberg Test and Impairment. In this test, the driver stands, feet together, and leans the head back to look up at the sky while holding their arms out to the side. The Police Officer then asks the driver to close his eyes and to estimate the passage of 30 seconds. Here the police officer looks for eyelid tremors, inability to estimate the passage of time, and swaying by the driver.
• Zimmerman, Lawrence: If you have been accused of a crime you need to immediately find a criminal defense attorney. From the moment of your arrest, your future became very uncertain. Our team of criminal defense experts can help you to exert control over your future.
• Grossman, Richard: Q: Do I need a lawyer? A: If you have been charged with a crime or a serious traffic offense, it is very likely that you do need a lawyer. An aggressive defense attorney will protect your rights and your freedom. He will have a clear understanding of the criminal justice system that a person accused of a crime will not posses. While it is true that in a small number of minor cases charges are dismissed without a defense attorney's participation, this is rare. If you go to court without a lawyer, the judge is likely to continue your case and order you to return with a lawyer, or worse yet, make an accused proceed with a public defender that will only have met you that day and who will have to divide his time amongst many other defendants. Q: What should I look for in a criminal defense attorney? A: Look for an attorney who has a great deal of experience in criminal law. Find out how many bench trials and jury trials he has litigated in the past few months. Ask if he has defended the type of charge you face. How many times. Ask him to outline possible defenses.
• Sloniowski, Paul: The American legal system is complicated and intimidating. When you or a loved one is facing immigration status or criminal charges, or if you have been injured by the negligence of someone else, it is very important that you have the right person representing you.
• Lopes Law Office: If you have been arrested for a criminal offense in the State of Georgia, it is important to understand that not all attorneys are the same. Your legal situation is completely different than most in the fact that it is not an amount of money that is on the line, but yourself, your future and in some cases, your livelihood. You may be put in jail or prison or have your professional license taken away. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement actions and courtroom procedure, and the goals and strategy of the government and defense. Defending your criminal case in the strongest possible way is critical to both your freedom and your future.
• Ryan Reavis: Criminal Law/Defense Criminal law refers generally to the rules that can subject a person to criminal punishment, such as imprisonment or fines. Criminal law typically is enforced by the government rather than a private party.
• Conaway & Strickler: An arrest occurs when you are taken into custody in a manner prescribed by law. Arrests can be performed by police officers or civilians who, in certain situations, may make an arrest when the police cannot. Also, an arrest does not necessarily have to be announced.
• Jonathan Adelman and James Neuberger: Being charged with the offense of DUI is a serious legal matter. In addition to your case in court, you will also have to deal with the administrative hearing that will determine the effect your DUI arrest will have on your driver's license.
• Michael LaScala: Depending on the facts of the case, certain motions may be filed, such as a motion to suppress illegally obtained tangible evidence, a motion to quash an indictment, and a motion for discovery to name a few. If any of these motions are successful, the prosecutor for the state may realize that he cannot successful prosecute the case and reduce or even dismiss the charges.
• Howard Weintraub: In Georgia, there are six ways in which a person can be convicted of DUI.
• Paul McCord: You may only have 10 DAYS from the date of your arrest to "appeal" the suspension of your driver's license.
• Hollingsworth Trial Lawyers: There are three ways that a DUI offender can be punished, these are (1) a jail sentence, (2) fines, and (3) license suspension. The judge in your case can impose a jail sentence and a fine. The Department of Public Safety (commonly known as "DPS" or "the State Patrol") can impose a period of suspension of your driving privileges. Since DUI is a misdemeanor in Georgia, the judge has the legal authority to impose a jail sentence of up to one year and a fine of up to $1,000.00 (and sometimes up to $5,000.00) for each offense charged. This doesn't mean that the judge in your particular case will give you a one year jail sentence or a $1,000.00 fine -- it just means that he or she can impose such a sentence if he or she sees fit.
• Thomas Jordan: If you have been charged with Driving Under the Influence, you are at risk of losing your driver's license. In some situations, you must take legal action within 10 days or you may have your driver's license suspended for one year. Furthermore, a plea of guilty can result in jail time, a criminal record, higher insurance rates, loss of reputation, and loss of employment and/or diminshed job prospects. There are legitimate defenses to a DUI charge including the lack of probable cause when the police officer made the initial stop, inaccuracy of the field sobriety test, and inaccuracy of the breath-testing machine.