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George C. Creal Jr., P.C.,
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Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should be there be a statutory presumption of impairment. | Pre-Trial Intervention Program P.T.I. Director - carl.freeman@co.clayton.ga.us Office Manager - margaret.cauchy@co.clayton.ga.us |
Judge Michael Garrett trial team albert.hopkins@co.clayton.ga.us |
| Judge Linda Cowen trial team
______________________________ |
Judge Tammi Hayward trial team
corey.mitchell@co.clayton.ga.us |
| Judge Kathryn Power trial team
denise.riley@co.clayton.ga.us |
To be announced Judge trial team
brett.seamon@co.clayton.ga.us |
Tiki Brown, Clerk of State Court
State Court Calendars are available online as well as a searchable docket at http://www.claytoncountyga.gov/courts/court-case-inquiry.aspx.
Important Steps for a Proper DUI Defense in Clayton County, Georgia:
1.) Obtain a Police and Georgia State Patrol Incident Report:
Copies of Police Incident Reports can be purchased for $.10 a page at the Clayton County Police Headquarters from 8:00AM until 6:00 PM.
Clayton County Police Department Records Unit7911 N. McDonough Street
Jonesboro, GA 30236
Phone: (770) 477-3747
Incident Reports from the Georgia State Patrol can be obtained in person or requested via:
Georgia State Patrol959 E Confederate Ave Se
Atlanta, GA 30316
(404) 699-4368
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 CenterCCH/Identification Services
P.O. Box 370808
Decatur, Georgia 30037-0808
Fax: 404-270-8417
Email: gacriminalhistory@gbi.state.ga.us 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.
Telephone Helpline:
- 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 ServicesMVR Request
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.
Clayton County DUI Updates
Recent Successes: Clayton County DUI Jury Trial28-Jul-2011
July 28, 2011: Clayton County DUI Jury Trial, Georgia DUI Attorney Mark Burton, NOT GUILTY Defendan..
Recent Successes: Clayton County, Not Guilty on DUI per se, DUI less safe, Reckless Driving, Imprope10-Mar-2011
Clayton County Jury Trial. Not Guilty on DUI per se, DUI less safe, Reckless Driving, Improper L..
Recent Successes: Forest Park, Clayton Co. Slurred speech and couldn't stand after rear-ending anoth10-Mar-2011
Testimony that my client had slurred speech and couldn't stand after rear-ending another driver...
State v Tittle - Exercising your Constitutional Rights equals Guilty Knowledge
Tuesday, September 13, 2016
State v. Oyeniyi-Will means May in Georgia DUI Implied Consent
Thursday, March 24, 2016
Thrillist Gives the Inside Scoop on Jail Food
Friday, January 10, 2014
McCormack v State - a weapons frisk is not authority to open a discovered pill container
Thursday, December 19, 2013
CLAYTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Poor Field Tests: Client Found Not Guilty of All Charges
Monday, November 19, 2012
The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer to reach out and support him. The client was unable to perform the Horizontal Gaze Nystagmus test (eye test) and, according to police, had red and glassy eyes. The client was also unable to perform the walk and turn and one leg stand evaluations, so the police decided to do the finger to nose test. Allegedly, when the police explained the evaluation, our client started too soon, but was still unable to perform it correctly and was then arrested for DUI less safe. When read his implied consent rights, our client nodded yes, but refused to submit to a blood test after being transported to jail. more
STINSON V. STATE - A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
Wednesday, November 07, 2012
November 17, 2011: City of Morrow, Georgia Police Chief Arrested for DUI
Thursday, November 17, 2011
Clayton County DUI Jury Trial Appeal: If you don't win less safe, don't complain about the breath test
Friday, July 01, 2011
UPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.
Saturday, December 18, 2010
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No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI arrests occurring in the State of Georgia. Individuals with DUI from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2014 George C. Creal, Jr. P.C.
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