DUI Lawyers in Smyrna, Ga.
It can happen to anyone at any time and when it does it can literally turn your world upside down – a Driving Under the Influence charge. Statistically speaking every year on average about 1,500,000 people find themselves arrested for some form of a DUI or DWI. That’s about 1,250 drivers per every 100,000. Breaking it down further it equates to 1 in every 80 people face a possible number of DUI charges in the state of Georgia each year including cities like Smyrna, GA, according to the findings by Statistic Brain.
Here is the scary part. On average a person can have around 200 to 1,000 people on their social media platforms, whether it comes in the form of family, friends, acquaintances or coworkers. That means that anywhere between 2.5 to 12.5 people on that list have either been arrested for DUI/DWI or know someone who has.
In cities like Smyrna, Georgia where the residential population exceeds 51,000, according to the 2010 Census, statistically speaking about 600 drivers are dealing with or have dealt with a DUI/DWI. At this point seeking some experienced Smyrna DUI Lawyers becomes a priority.
Follow the link: Top Rated DUI lawyer in Smyrna Georgia
Your DUI defense attorney works with you on your DUI case and does their best to ensure you receive the best possible outcome. Dismissal is obviously the goal for both yourself and your trial attorney. Unfortunately, for the accused DUI driver these outcomes aren’t always the norm. Sometimes the offenders have to contend with community service, license suspensions, an expensive traffic ticket and even possible jail time. In any event your criminal defense attorney will work to reduce your punishment, which is all he/she can do.
Most residents who live in Smyrna, Georgia are familiar with the Smyrna Municipal Court where the majority of people head to when they are dealing with any number of traffic offenses. A good number of Trial Lawyers in that area are familiar with the proceedings there that involve anything from a traffic citation, to trucking violations by commercial drivers, to cases involving vehicular homicide.
Vehicular Homicide in Georgia
In the state of Georgia vehicular homicide has two classifications: First Degree and Second Degree.
A first-degree vehicular homicide involves a person who is under the influence of alcohol or any other impaired substance causing the death of another person. Albeit there are other violations that fall under First –Degree Vehicular Homicide.
The second-degree vehicular homicide, which is less serious, is defined as causing the death of another while violating other traffic offenses.
The penalty for such charges always depend on the circumstances but possible consequences for a first-degree offense are:
- Sometimes a convicted motorist can look at possible jail time anywhere between three to 15 years. Unless the convicted person, is what the state of Georgia characterizes as, a habitual violator where then he/she is facing five to 20 years in prison.
- Additionally, a number drivers who are convicted of first degree vehicular homicide will have their license revoked for three-years.
Read more: (Ga. Code Ann. § § 40-5-54, 40-5-63, 40-6-393 (2017)
In these such cases your criminal defense attorney might make a motion for a change of venue possibly to a bigger court house like the Cobb County State Court. This action is taken by the DUI Lawyer because he/she feels a change of venue might field a better outcome. A vehicular homicide arrest is not something to be taken lightly as it comes with some serious consequences. If you or anyone you know is facing such an arrest you are urged to consult a with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best course of action.
There is no denying that for years Georgia lawmakers have spearheaded legislation that classifies driving under the influence as a criminal offense. For these reasons and a number of others many criminal defense attorneys argue on behalf of their client on multiple counts in their DUI Cases. At the same time the defendant must work with the Georgia department of motor vehicles in order to work on checking off the necessary items needed as a way to reinstate their driver’s license.
Why retain a Smyrna Georgia Criminal Defense Attorney after a conviction?
There are a number of valid reasons what you should consult a DUI/DWI attorney after a verdict has been given. Your conviction doesn’t magically disappear after the judge and /or jury deliver the final judgement. After the final judgement, has been logged a person dealing with the DUI conviction has every right to appeal the verdict. With all the legal jargon or all the paperwork and steps needed to have your case heard by the court of appeals it is not only smart but also the right thing to do to have a Top rated DUI Smyrna Lawyer on your side.
These expert attorneys will provide all the heavy lifting and guide you to the process and clear up any misinformation you may have been given.
DUI Suspensions in Georgia
Suspension is automatic: Driver’s 21 years of age or older will have their license subject to suspension whether it is alcohol or any other drug. Also, if you refuse a chemical test or DUI test.
How long does a suspension last?
No one wants their driving privileges taken from them. A person may grow weary or impatient and risk driving to work or even run errands before their license is reinstated, which if they are caught by law enforcement may result in a probation violation and jail time. How long it will be before you can get behind the wheel is determined through a number of different criteria’s including but not limited the number of DUI offenses committed and their specific circumstances. A person can also face longer driver’s license suspension periods depending on age.
Any individual who is age twenty-one (21) or older and who was convicted in the of a DUI in the state of Georgia faces a possible suspension or revocation of their driver’s license or non-resident driving privilege for a period of 120 days to five (5) years depending upon the prior driving record. Furthermore, as a result of driving under the influence conviction an individual can be subject to suspensions and/or revocations imposed upon Georgia residents by courts in other states.
The 2010 Georgia code § 40-6-391 defines a long lists the specific consequences when driving under the influence of alcohol, drugs, or other intoxicating substances. A number of penalties will incur. It also defines penalties of publication of notice of conviction for persons convicted for second time and endangering a child.
Other information concerning DUI Penalties: DUI/DWI Chart Penalties
It is imperative that you seek the most qualified Austell DUI attorney. Hiring the right attorney can be the difference between a dismissal or conviction. Even if your trial lawyer is unable to have the charges dropped a dui lawyer with years of experience can either reduce or even limit suspension and can also assist in reducing or eliminating jail time.
DUI/DWI Appeal Process in Georgia
Chapter 375-5-2.33 of the suspension/revocation and appeal procedures states that after determining that a Tester or Examiner’s certification should be suspended, revoked, or cancelled the department will notify the individual by certified mail or return receipt requested. Such notice shall be deemed received seven days after mailing.
The notification will have a list of requirements that needs to be completed by a specific date in order for the appeal to be deemed valid:
- The individual will have 15 days to request a hearing from the date if notice received. Note: All requests must be hand written and delivered to the department within the specified period.
- If not such written document is received within the allotted time, then the individual waives his/her right to the appeal process. Also, the suspension, revocation, or cancellation will be effective after the last day of the 15-day period.
- If written notice is received within the 15 days, then the department will schedule a hearing before an Administrative Law Judge. All procedures will follow Ga. Admin. Comp. Ch. 375-3-3-.04.
- The person waiting for his/her appeal to be heard may continue the driver’s license testing pending issuance of a final decision by the Administrative Law Judge.
Note: Driving Under the Influence convictions where your driver license was suspended and you are appealing the verdict brings on some hefty fines and the fines are contingent on the type of suspension.
- $150.00 for a DUI Suspension
- $150.00 for an implied consent suspension: When a person fails to submit to a DUI/DWI test by law enforcement.
- $250.00 for a limited permit revocation: This is what many call a hardship license where it allows those who have a suspension to drive on a limited basis to places like a job, your school (if enrolled) and places that you need to get to base on job tasks.
Which is the right Smyrna, GA DUI Defense Attorney to hire?
There are a number of factors an individual facing a DUI/DWI conviction should consider when hiring a top Smyrna Georgia Lawyer.
- How familiar is the attorney with driving under the influence laws not only in Smyrna Georgia but in the state of Georgia?
- How many years of experience does this Lawyer have in dealing with DUI and criminal law proceedings? Note: If your potential attorney has less than five years then take into consideration the number of DUI/DWI cases he/she has been involved in. Just because they don’t have a decade of experience doesn’t mean they aren’t equipped to handle you case.
- Is this attorney strictly devoted in driving under the influence or driving while impaired cases? Or does he/she also tackle other cases like divorce, criminal cases etc.…. It may not be a bad thing to hire a lawyer with a vast array of practices under their belt, but keep in mind that sometimes working with a lawyer who is dedicated to one specific practice might be the most beneficial for you.
- Relationship with the prosecution. Not all lawyers have a great rapport with the Cobb County District Attorney or Assistant District Attorney but it is always ideal to hire a DUI attorney that has a great relationship with the prosecutor.
- A common deciding factor for most are the fees associated with Smyrna Georgia DUI Lawyers. Attorney fees vary from firm to firm. One thing to think about is the DUI Lawyers success rate in having DUI/DWI charges dismissed or dropped and your driving privileges whether reinstated immediately or getting a minimal suspension period. This is one important thing to consider if money is an issue. Depending on your financial situation, you can also opt have a public defender appointed to your case. Public defenders can help get you the outcome you wanted but with the number of heavy caseloads he/she manages it is wise to hire a top dui attorney in Smyrna, GA.
- High-end looking offices: Don’t let some expensive looking real estate office scare you away and at the same time a moderate or lesser office shouldn’t deter you either. Always give any DUI Defense lawyer a chance to sit with you and advise you on your best possible routes.
Something to consider:
A vast array of law offices offer a free consultation where they will review your case and give you some options before committing to any attorney. First always do some research and if you are somewhat strapped for cash google free consultation attorneys or visit websites like Bippermedia.com/Smyrna DUI Lawyers or cornell.edu