A DUI is a serious problem. Most cities in Cobb County have officers who are part of a Cobb County DUI task force, which is funded by the State. In other words, these agencies have to make DUI arrests to maintain their funding. Although very experienced, sometimes they make marginal arrests. A DUI is a complex case both legally and factually and you need representation. Although the information you need is too extensive to be put on this page, here are some of the basics: Driver’s License: You have 10 days from the date of arrest to appeal the automatic license suspension the State law allows to occur. There are specific legal requirements and fees required to appeal the automatic license suspension.
That is the immediate problem. Many people who have a DUI end up pleading to the charge because they just can’t live without their license, even for a short period. For these people, there are two strategies: First, it may be possible to work out a negotiation at the license suspension hearing, or second, there may be a legal or technical issue that gets the suspension dismissed that allows the client to keep their license while we contest the charges.
The next part of your case, is that your case gets accused, that is formally charged, in State Court, or your case is bound over from a city court. It is at this point that we typically get to see the State’s file for the first time. This will be the time we can give you an honest opinion as to what strengths or weaknesses your case has, and what experts, if any, we will need to provide you with the best possible defense. With John's vast DUI defense experience, he will personally review your materials and give you his personal opinion.
DUI defense is complicated at this point because there are so many variables that must be considered. Our philosophy is that we begin at the beginning. In other words, why were you stopped? What was observed by the officer in his report? If there is a video, what does the video look like? How does the client look on tape?
From there the police “ask” you to perform a series of field sobriety tests. These athletic type tests are geared for you to fail. Basically, there are three types of “standardized” field sobriety test. One is called the “eye gaze nystagmus” which is waiving a pen in front of your eyes. The next is a one legged stand and the final is the walk and turn using an imaginary line. Frankly, we expect you to “fail” those tests according to the officer, but the question is, did you really fail them? This part of your case is critical especially if you did not take the breath test at the police station.
Finally, of course if you took the test what were the results? Was the machine working correctly? While the police believe that their machine never fails, we disagree. After all, it is a machine.
It is only after ALL of these things are done correctly by the police is it appropriate for you to consider an alternative resolution to trial. And it is only after a complete and careful evaluation can we tell you, in your individual case, your potential chances of success. We want to give you all the information we can for YOU to make an informed decision. After all this is YOUR case.
We hope you will give us a call. An alcohol DUI is a serious offense that can carry severe penalties not only for driving and insurance, but on job and educational prospects as well. Call or email us today.