George C. Creal Jr., P.C.,
Atlanta DUI Lawyers | (404) 333-0706
Heading home after a couple beers at the Braves game and you're pulled over for speeding. Anniversary Dinner in Buckhead and valet turns off your automatic headlights and your are blowing into a police breathalizer. A couple drinks in Little Five Points after a concert and there's blue flashing lights in the rear-view mirror. Driving home after dinner with friends in Midtown or having a pitcher of the finest with some old college buddies at Moe's & Joe's in Virginia Highlands followed by greasy burger at the Majestic Diner and now you've got a DUI. Do you need an experienced, professional DUI attorney who knows his way around the ATL and Fulton County Justice System? With 20 years of experience defending DUI arrests, George C. Creal, Jr., P.C., Trial Lawyers is the Real Deal ATL DUI Firm. We are veterans of the Justice System. We know the Court, the Judges, the Prosecutor, and the Police, and they know we are ready to fight for each and every one of our clients' rights. If you need to contact the Municipal Court, or a Judge or Solicitor, click here.
The National Highway Traffic and Safety Administration (NHSTA) training manuals in DUI Detection and Field Sobriety Evaluations are used by Atlanta Police Department (APD), the Georgia State Patrol and Police agencies all over the United States. These DUI detection and Field Sobriety Evaluation manuals are central to how our attorney's evaluate your DUI defense and create a strategy to win your case. Our DUI Attorneys have thoroughly studied these manuals and use our knowledge to establish how DUI evaluations are unreliable, inaccurate, and abused by police. We expose the flaws inherent to Georgia DUI investigations in order to prove your innocence or create a reasonable doubt to obtain a Not Guilty verdict. For more information on a strong DUI defense, visit our DUI Defense Guide.
Dedicated DUI Lawyers Determined to Fight for Your Interests - Aggressive DUI Representation You Deserve:
Our Lawyers have handled thousands of DUI cases, had hundreds of DUI arrests reduced to reckless driving and other non-DUI traffic offenses, and tried over of one hundred DUI Jury Trials. See our Facebook firm page for recent successes. Unlike many DUI law firms, we have valuable “Not Guilty” Jury Trial Experience. We will not hesitate to give you our office and cell phone numbers. If you call, text or email us about your case, we contact you as soon as possible and never in more than 24 hours. Whether the case calls for trial, no trial, rehabilitation or minimized punishment, we always, always keep your interests in mind. We understand you are nervous about your DUI arrest. We will take care of your DUI case so you can focus on what matters in life. For our firm, Customer Service is priority one. Call, email us, or start a free case evaluation 24 Hours a Day/ 7 days a week.
Sick of the legal jargon, sales pitches, and getting the runaround? Want to know who you're going to give your hard-earned money to for your DUI representation? The lawyer who's supposed to take care of your DUI so you can keep your driver's license, safeguard your job, and get back to your friends and family? At George C. Creal Jr. P.C. Trial Attorneys we believe that you deserve to know about our credentials, professional experience, social service, and community involvement. Check out our Attorney Profiles to see for yourself.
With One Call or Click We Can Begin Your DUI Case - (404) 333-0706 or Free Case Evaluation:
We've handled all types of DUI cases including, but not limited to, those with or without breath and/or blood test results, refusals of blood, breath or urine tests, with and without Standardized Field Sobriety Evaluations; even golf cart DUIs, roadblocks and marijuana arrests. We have handled DUI accidents and fatalities, felony vehicular homicide cases involving allegations of DUI, DUI drugs, fleeing and eluding the police, marijuana possession, illegal drug searches, and felony and misdemeanor obstruction. There is no set of facts our DUI attorneys haven't seen at least once. Our DUI case procedure is a methodical and thorough process that leaves no stone unturned and has the potential to win any type of drunk driving case.
A DUI is Serious and May Include Serious Jail Time:
Even for a 1st DUI, you can be fined up to $1000.00 plus up to 40% tacked on as court costs and can spend up to 12 months in jail, 40 hours community service, drug and alcohol testing for one year and 12 months of reporting probation. Your license can be suspended anywhere from 120 days to 5 years. A fourth DUI in 10 years can result in a felony and 5 years in state prison. Do not try to handle your DUI alone.
Advice as to who you decide to hire as your DUI Defense Attorney: 1) Don’t hire a DUI lawyer based solely on price. Sometimes the cheapest lawyer--especially if they plea you to a DUI you don't deserve at the first opportunity--can be the most expensive. Cost per hour is the best way to compare lawyers. If a lawyer charges $1000, but only spends an hour on your case, that's $1000 dollars an hour! We, unlike bargain basement firms, spend an average of 10 hours on every DUI case 2) Ask any attorney that you speak with whether he/she has tried any DUI jury trials and how many not guilty verdicts he/she has received in the past 2 years; 3) Ask any attorney that you speak with whether he/she has studied police field sobriety training manuals and breath test machine, owner's and area supervisor's manuals. If not, they cannot adequately cross examine DUI police officers or breath test operators. A DUI lawyer who can't answer these questions is not ready for a real DUI jury trial and is not worth your time and money.
A DUI lawyer is standing by. Call TODAY (404) 333-0706, or email us at email@example.com or Contact Us Online to review your case.
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case which will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we'll stick to parsing out the precedent and applying it to the facts of the case. more
DUI arrests in the City are sent to the Municipal Court. The Municipal Court is a court of limited jurisdiction and can not handle jury trials. Requests for jury trials must be sent to either the Fulton County State Court or DeKalb County State Court.
The Municipal Court has a special DUI court division. All DUI arrests are processed through the DUI Division which is held in Courtroom 5A of the Municipal Courthouse located at:
150 Garnett Street,
Atl., GA 30303
The Judges in the Municipal Court, generally, are:
- Hon. Deborah S. Greene, (404) 954-8122
- Hon. Terrinee L. Gundy, (404) 588-4710
- Hon. Leigh M. DuPre , (404) 954-7905
- Hon. Barbara A. Harris, (404) 588-4702
- Hon. Elaine L. Carlisle, (404) 954-6794
- Hon. Herman L. Sloan, (404) 588-4708
- Hon. Calvin S. Graves, (404) 658-7049
- Hon. Gary E. Jackson, (404) 658-6966
- Hon. Crystal S. Gaines, (404) 954-6763
However, generally speaking, Municipal Court assigns one Judge to handle all the DUI Cases. DUI arrests are generally made by the APD DUI Task Force or the Nighthawks Unit of the Georgia State Patrol. Court is held Monday through Thursday beginning at 8 A.M. DUI Trials are generally held on the 4th week of the month.
The Municipal Court DUI Court Staff:
Judge - Hon. Christopher E. Ward, (404) 588-5909
Timothy Whitley A-J
Jameekia Davis J-P
Stephone Johnson P-Z
The Office of the olicitor is located at:
City Court Building
City Solicitor’s Office
150 Garnett Street, SW
Atl., Georgia 30303
Jury trials are held at Fulton County State Court located at:
Justice Center Tower
185 Central Avenue
Atl., Georgia 30303
Telephone: (404) 613-5002
COURT ADMIN.: Cicely Barber - (404) 613-4245 - firstname.lastname@example.org
Justice Center Tower
CHIEF CLERK.: Mark N. Harper - (404) 613-4245 - email@example.com
185 Central Avenue
Atlanta, Georgia 30303
CHIEF JUDGE: Patsy Y. Porter - Division B - Courtroom 2D - (404) 613-4345
JUDGE: John R. Mather - Division G - Courtroom 2E - (404) 613-4110
JUDGE: Eric Richardson - Division F - Courtroom 3C - (404) 613-4510
JUDGE: Jane Morrison - Division E - Courtroom 2F - (404) 613-4311
JUDGE: Myra H. Dixon - Division C - Courtroom 3A - (404) 613-4295
JUDGE: Diane E. Bessen - Division J - Courtroom 3D - (404) 613-7760
JUDGE: Fred C. Eady - Division Y - Courtroom 3B - (404) 613-5410
JUDGE: Susan E. Edlein - Division D - Courtroom 2A - (404) 613-0490
JUDGE: Jay M. Roth - Division A - Courtroom 3F - (404) 613-4330
JUDGE: Wesley B. Tailor - Division H -Courtroom 3C - (404) 613-4497
The Fulton County Solicitor's Office is located at:
160 Pryor St
Atl., GA 30303
SOLICITOR GENERAL: Carmen D. Smith - (404) 612-4800
Important Steps for a Proper DUI Defense:
1.) Obtain a Police and Georgia State Patrol Incident Report:
To obtain an Atlanta police report you may call (404) 546-7461, fax or mail an open records request or fill out and submit an electronic records request. The open records contact information is:
Fax: (404) 546-8200
Atlanta Police Department / Open Records
226 Peachtree St. SW
Atl., Ga 30303
Incident reports may also be obtained in person at the Atlanta Public Records Department located at the address above.
Incident Reports from the Georgia State Patrol can be obtained in person or requested via:
Georgia State Patrol
959 E Confederate Ave Se
Atl., GA 30316
2.) Obtain Your Criminal and Driving History:
A seven year driving history from the Georgia State Patrol and criminal history record from the Georgia Criminal Information Center (GCIC) is important in deciding on an appropriate defense strategy. Information on how to obtain a Georgia Criminal history record
For further information regarding GCIC, contact:
Georgia Crime Information Center
P.O. Box 370808
Decatur, Georgia 30037-0808
Email: firstname.lastname@example.org for questions regarding criminal history updates/modifications. Or GAApplicant@gbi.ga.gov for questions regarding employment, licensing, visa (travel), or any other non-criminal justice purpose.
- Option 1: Criminal History Inquiries regarding Expungement or Updates.
- Option 2: Applicant Background Information
- Option 3: Attorney or Public Defender
- Option 4: Livescan or Identification Inquiries
- Option 5: Internet Felon Criminal History
You can obtain a Seven Year Driving History from Georgia Department of Driver Services online, in person, or by mail. A seven year driving history costs $8.00.
Online At: http://www.dds.ga.gov/drivers/dldata.aspx?con=1740840381&ty=dl
In Person: At any customer service location listed here: http://www.dds.ga.gov/locations/LocationList.aspx
Proper identification is required. If obtaining a motor vehicle record other than your own, the following is required:
- A signed authorization from the licensee naming the person authorized to receive the record. Form DDS-18(Request for Motor Vehicle Record [MVR]) available here: http://www.dds.ga.gov/docs/forms/DDS-18%20(1-10).pdf, is available for this purpose, but is not required.
- Authorization form or letter must be original. Faxes or copies are not acceptable.
- The full name, date of birth and Georgia driver's license number of the licensee.
- The person receiving the report for another individual must show proper identification.
By Mail: You can obtain a copy of your Driving History (MVR) by submitting a letter (or Form DDS-18, available here: http://www.dds.ga.gov/docs/forms/DDS-18%20(1-10).pdf,) requesting a 7-year MVR. The request should include the following:
- Your full name as it appears on your driver's license
- Driver's license number
- Date of birth
- Complete mailing address
- Self addressed, stamped envelope
To obtain a copy of a Driving History (MVR) for someone else, please complete Form DDS-18 with all required signatures and information.
Requests may be mailed to:
Georgia Department of Driver Services
Post Office Box 80447
Conyers, Georgia 30013
The fee is $6.00 for a 3 year history, and $8.00 for a 7 year history. You may pay by personal or business check, money order, cashier's check, or credit card. DDS accepts Visa, Mastercard, Discover, and American Express by mail.
If paying by credit card, please complete this form: http://www.dds.ga.gov/docs/forms/CreditCardAuthForm.pdf and include with your request: Credit Card Authorization Form, Checks, money orders, and cashier’s checks should be made payable to the Department of Driver Services.
3.) Attend DUI School
For first time offenders, it is a good idea to attend DUI school. A DUI school certificate can be useful in the circumstances of an administrative license suspension. For repeat offenders, immediately attend and document Alcoholics Anonymous meetings and obtain a drug and alcohol evaluation from a qualified psychologist. Information concerning Georgia DUI alcohol and drug evaluations and how to set up an appointment for an evaluation can be found here: http://www.atlantapsych.com/article/georgia-dui-law. Our firm Recommends Darrell Grizzle, Ed. S. He provides all the required drug and alcohol evaluations at reasonable rates.
4.) Revisit the Scene of Arrest.
Photograph the scene of the arrest in order to discover discrepancies in the police report regarding the initial stop and the reasonableness of the field evaluations like the one leg stand and walk and turn.
5.) Request a hearing with the Department of Driver Services:
Requesting a hearing with the Department of Driver Services within ten business days of the arrest may prevent an administrative license suspension. We will prepare and send a license letter to the Department of Driver Services free of charge ($150 DDS processing fee not included) even if you do not retain our firm.
6.) Hire a DUI Lawyer:
Hire a experienced Georgia DUI lawyer. Never attempt self-representation in a DUI case. Georgia DUI law is very complicated, and to ensure a positive case result, is best left to experienced, professional lawyers.
Thursday, June 26, 2014
Sanders v. State, A14A0142, June 18, 2014. Following a bench trial of a DUI under OCGA 40-6-391(a)(5), Meredith Sanders was found guilty of DUI. She appealed claiming that her Constitutional rights to due process and compulsory process were violated by the failure of Judge Diane Bessen of the Fulton County State Court to grant a continuance to obtain an out of state subpoena for a witness from CMI, Inc in Kentucky to produce the computer source code underlying the random number generator otherwise known as the Intoxilyzer 5000 which is being phased out by the GBI due to reliability concerns. Sanders had previously requested and Judge Bessen had granted a certificate of materiality for an out of state subpoena concerning an out of state witness request under the Uniform Act to obtain the Intox source code. The Kentucky Trial Court had denied the request finding that it was neither material nor necessary, nothing more than a fishing expedition and essentially ignoring the Georgia Trial Court's certicate of materiallity. It should be noted that the manufacturer of the Intoxilyzer 5000 is the largest single employer in the County in Kentucky where the certificate was filed. The Kentucky Trial Court's orders is still under appeal in Kentucky. The Georgia Court of Appeals summarily rejected the Constitutional claims citing Smith v. State, 325 Ga. App. 405, 410, 750 SE2d 758 (2013) and Phillips v. State, 324 Ga. App. 728, 751 SE2d 526 (2013). It should be noted that Smith v. State simply relied on the reasoning in Phillips v. State. Phillips v. State held that because there is no evidence that the source code is Brady material or exculpatory under Brady v. Maryland it is not a Constitutional violation to deny a continuance (what about the right by the Defendant of an in camera inspection of all alleged Brady material by the trial court?); and because source code is not testimonial just like an Intoxilyzer 5000 inspection certicate under OCGA 40-6-392 as in Rackoff v.State, it is not a violation of the confrontation clause or right to confront witnesses call against a defendant which was at least implicitly over-ruled by Bullcoming v. New Mexico. See also, Disharoon v. State, 291 Ga. 45,727 S.E.2d 465 (2012) (Query: what if the certificate of materiality simply asks for a witness from CMI, Inc., the manufacturer of the Intoxilyzer 5000, to testify to the internal workings of the machine which no witness available in Georgia is capable of doing?). I wonder what Justice Scalia would have to say about this? Legal Twister? more
Friday, June 13, 2014
Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008 weaving on the freeway and almost hitting another car. Edision looked sleepy and had droopy eyes and admitted to drinking alcohol earlier in the day and taking a sleeping pill 30 minutes earlier. Edison submitted to DUI Standardized Field Sobriety evaluations and was arrested for DUI and read implied consent rights. She agreed to a breath and blood test. After completing the breath and blood test, the Officer told Eidson that he would not take her to jail and book her in but release her on a copy of charges or tickets if she submitted to a series of Drug Recognition Expert evaluations. Eidson claimed that the offer not to take to jail made the DRE evaluations not inadmissible as being obtained as a result of an offer of a hope of benefit under OCGA 24-3-50 (which provides "[t]o make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury").
The Court of Appeals held that because the Officer only offered to take her home and not to jail which is a collateral benefit as opposed to not charging her with a DUI which would be a material benefit. Further, the Court held that hope of benefit does not apply to not testimonial and not communitive like blood tests and field sobriety tests. more
Monday, April 07, 2014
Sullivan v. State, A13A2037, March 21, 2014. Michael Sullivan was arrested for DUI less safe in Atlanta, Fulton County Georgia, after being observed by Trooper Osby, of the Georgia State Patrol Nighthawk unit, spinning out at an intersection going the opposite direction. Trooper Osby made a u-turn and pulled him over for doing 50 to 55 in a 35-40 mph zone. (Query: it is not the crime of laying drag to spin wheels unless the car moves from side to side in a zig-zag fashion while the wheels are spinning and how did the trooper estimate speed, i.e., visual, radar, or pacing while driving in the opposite direction, and why did he not know the speed limit? The stop should have been challenged.) Sullivan allegedly had an odor or alcohol, was slow to get out of his car but did not stumble or stagger, had slow and mumbled speech but not slurred, bloodshot and watery eyes. Sullivan then refused all field tests stating that he knew he was going to jail. Sullivan was then arrested for DUI less safe and refused a state breath test. more
Tuesday, February 25, 2014
Bailey v. State, 323 Ga. App. 424, 747 S.E.2d 210 (2013). Christopher Bailey was found guilty of DUI per se under OCGA 40-6-391 (a)(5) by a jury. Bailey appealed alleging that the Fulton County Trial Court gave an erroneous instruction which shifted the burden to the Defendant. The DUI Trial Court in Atlanta charged the jury as follows: "Now, ladies and gentlemen, I'm going to give you the law as it relates to the inspection of the Intoxilyzer 500. A chemical analysis of a person's breath shall be considered valid under Georgia law if it has been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all of its electronic and operating components described by its manufacturer properly attached in a good working order and by an individual possessing a valid permit issued by the Division of Forensic Services for the Sciences for this purpose." [emphasis added] more
Tuesday, December 17, 2013
Allen v. State, A13A1051, November 22, 2013. The Court of Appeals reversed the denial of Deondrez Allen's motion to suppress the marijuana found in her Dodge Charger. A be on the lookout or BOLO was given for a Silver Dodge Charger that was involved in several armed robberies over a period of days in unincorporated Fulton County on Flat Shoals Road. The last armed robbery was at least 3 hours earlier or maybe the previous day. The BOLO did not give the direction of travel or the number of occupations just that the vehicle contained black males. In order to justify a traffic stop under the Constitution, a police officer must have articulable suspicion of criminal activity. The suspcision must be more than a mere hunch or guess work. In Vansant v. State, 264 Ga. 319 (1994), the Georgia Supreme Court held in the seminal case on anonymous tipsters that there must be sufficient particularized information to justify a traffic stop based on a tip alone. A white van involved in a hit and run a mile away is insufficient absent some corroboration of criminal activity even when the tipster gave the name of the driver, noted that the driver was obviously intoxicated, there were few other cars in the area, and failed to stop for the police flashing blue lights alone. The van in Vansant, supra, was followed for half a mile and committed no traffic violations. Again, in State v. Dias, 284 Ga. App. 10 (642 SE2d 925) (2007), the tip was for "a maroonish or a brownish color either a Ford Taurus or a Tempo, or something like that, leaving the scene [of a shopping center burglary] with a white male occupant" who may have been wearing a baseball cap and who was traveling "east on Oakridge from Radium and Oakridge." Id. at 12 (2). That description was held to be fatally general. more
Friday, November 29, 2013
Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met with Smith, smelled an odor of alcohol and performed DUI standardized field sobriety evaluations which indicated alcohol impairment. Teague arrested Smith, read him implied consent, and Smith submitted to a breath test on the CMI, Inc. Intoxilyzer 5000 which indicated .126 on the first sample and did not register a second sample. The less safe charge was dropped and Smith was found guilty of one count of DUI per se or driving over the legal limit of 0.08 grams.First, Smith raised the issue of whether there was sufficient evidence that he was driving and whether a breath test was obtained within three hours of driving. First, the Appellate Court found that because the first police officer testified that paramedics checked the driver, the driver had an odor of alcohol, and officer identified Smith as the Driver there was circumstantial evidence that Smith was the driver. This despite the fact that the Officer had personal knowledge that Smith drove or that he knew this because the paramedics told him or Smith told him. Further, the Appellate Court found that because the 911 call came in within three hours of the breath test there was circumstantial evidence that the breath test was within three hours of driving. more
Thursday, November 28, 2013
Phillips v. State, A13A0991, DO-036 C, Court of Appeals of Georgia, Decided: November 15, 2013. Just as Elvis sang in Kentucky Rain, Georgia lawyers are still searching for the Intoxilyzer 5000 source code while Kentucky rain keeps pouring down and up ahead's another town that they'll go walking thru with the rain in their shoes still searchin' for Due Process in the cold Kentucky rain. In March of 2006, Brett Robert Phillips was arrested in Atlanta Georgia for DUI after a State Trooper observed him at a traffic light without his headlights on and allegedly drove off from the traffic light with tires squealing in a zigzag manner. Field tests indicated 6/6 clues on HGN, 2/8 clues on the Walk and Turn test, and 2/4 of clues on the one leg stand. A state administered breath test resulted in a .126 and a .138 on the Intoxilzyer 5000. In January of 2008, Phillips filed a motion for a certificate of materiality under the Uniform Act to Secure Witness from Without the State for the source code of the Intoxilyzer 5000 from its manufacturer CMI, Inc. in Owenboro, Kentucky. On April 25, 2012, the Fulton County trial court issued a certicate of materiality for filing in the Trial Court in Davies County Kentucky to determine the necessity of the request to issues a subpoena pursuant to the Uniform Act. The Kentucky Court declared the request for a certficiate of materiality from the Atlanta Georgia Trial Court defective on its face and nothing more than a fishing expedition for the DUI breath test source code and employee witnesses. more
Saturday, July 20, 2013
Janasik v. State, A13A0253, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals affirmed the Fulton County Trial Court's denial of a motion for new trial after a jury found Janasik guilty of DUI less safe, failure to maintain lane and a seat belt violation. Janasik argued that the trial erred in admitting a similar transaction without weighin the danger of unfair prejudice which was compounded by the prosecutor arguing Defendant had a propensity to drive DUI. This case is under the old similar transaction law which allowed bent of mind similar transactions. Given there was no similar transaction hearing transcript, the offenses were very similar and nine month apart, there was no error found. more
Thursday, January 19, 2012
LUCKEY v. THE STATE, A11A1699, Court of Appeals of Georgia. Jimmie Luckey was arrested for DUI in Fulton County. He was taken to jail and took a breath test and blew over the legal limit. Mr. Luckery requested an additional test of his blood as was his right under Georgia law. However, he would not allow the Officer that arrested him to take him to the hospital nor would he identify a facility to test his blood. If a person requests an additional test of his blood, breath or urine, then the DUI police officer must reasonably accommodate that request or the DUI Defendants Implied Consent Rights have been violated and the original state administered test of the DUI Defendant's blood breath or urine can be suppressed or thrown out of evidence in court. In this case, Georgia Court of Appeals found that the DUI Defendants request that another officer transport him for an independent test was not reasonable, the Officer tried to find another Officer to transport Luckey for his independent test, and Luckey would not identify a facility to have his blood tested. Read the Case. more