DUI Henry County Information

Henry County DUI Attorney | Henry County DUI Lawyer

If you are arrested for a DUI in Henry County, you should immediately contact a Henry County DUI Lawyer for assistance. You should gather all your tickets and temporary driver's license issued by the Henry County Police Department.  A DUI attorney can review the tickets and temporary driver's license also known as a DDS 1205 for procedural errors which may be used to defend you.

DUI Henry County | Henry County DUI AttorneyThere are six possible DUI charges in Henry County.  Three are drug related: drug less safe, combination of drugs and alcohol and drug per se.  You can also get a DUI for driving under the influence of inhalents. The two most common types of Henry County DUIs are  "per se" dui which means that an accused blood or breath alcohol content is greater than the legal limit of 0.08 grams of alcohol or greater within three hours of driving or being in actual physical control of a moving vehicle from alcohol consumed prior to or while driving. 

A Henry County DUI can also be "per se" if an illegal drug other than marijuana is found in your blood or urine.  Under current case law, Henry County Marijuana DUIs must be proven by establishing that the driver was a less safe driver because of marijuana use.

The second type of Henry County DUI is called a "less safe" DUI.   A Henry County "less safe" DUI usually is pursued when an accused is arrested for DUI but there is no blood, urine or breath test available either because the test sample was taken illegally and subsequently suppressed by the Judge in Henry County State Court or not obtained for some other reason.  A "less safe" DUI means that an accused is less safe driver because they consumed alcohol or drugs prior to or while driving than they would have been had they not consumed alcohol or drugs beyond a reasonable doubt. Less safe means that your ability to drive is affect by alcohol or drugs. Less safe means the same thing as incapable of driving safely. A less safe DUI can be proven generally three ways: first, direct evidence of less safe driving like an accident or weaving; second, circumstantial evidence of less safe driving based on poor performance on field sobriety tests; and, third, circumstantial evidence of less safe driving based on an accused appearance and demeanor, i.e., if you look drunk you probably are drunk.

Most DUI arrest in Henry County are prosecuted in the Henry County State Court. Court dates are set quickly after arrest.  A jury trial is usually held a month or two after the first court date.  Known as the rocket docket by DUI lawyers, one of the State's fastest courts.  The Henry County Solicitor's Office has a no reduction policy and jury tries even weakest DUI cases. It is important to hire a Henry County DUI lawyer that tries DUI jury trials frequently.  We are the premier law firm for DUI jury trials in Henry County and our willingness to take cases to trial often allows us to obtain reductions from DUI to reckless driving that would not otherwise be possible. Please contact us for a consultation today.

Henry County DUI Updates

Recent Successes: Henry County, Client charged with DUI in Henry County after weaving within the lan

21-Jul-2010

Speech was normal. Walk was normal. 4/6 clues on HGN or the eye jerking test. 3/8 clues on the walk and turn. 1/4 clues on the One Leg Stand. He looked perfectly sober on video. Blew .080 and .082 on Intoxilyzer 5000. Jury found him NOT GUILTY on..


Greene v. State, A11A1067, November 17, 2011: It is legal to remove over 50 percent of African American Jurors from the pool of potential jurors.

Thursday, November 24, 2011
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Henry County DUI Jury Trial: Hale v. State, A11A0327 (June 30, 2011)

Wednesday, July 27, 2011

DUI Henry County: Post Arrest Demand for Preliminary Alcohol Breath Test; Jury Charge on Suppressed Breath Test.  Hale v. State, A11A0327, June 30, 2011.  more

Henry County DUI HEAT Unit wins 2011 MADD Award

Sunday, April 03, 2011

ON March 24, 2011, Mothers Against Drunk Driving (MADD) had awards banquet at the Georgia International Convention Center at 2000 Convention Ct Concourse, College Park, GA 30337-4200.  The Henry County Police Department (HCPD) won the DUI Hero Award for police agencies for the Police Department with the highest total number of DUI arrests for their agency size. The Henry County had a total of 934 DUI arrests in 2010.  Henry County's H.E.A.T. Unit won H.E.A.T. Unit of the Year for 2010. The Henry County HEAT Unit currently is comprised of Sergeant Scott Cumbie, Sergeant James Dixon, Officer J.R. Harper, Officer Joseph Holisky, Officer Stephen Martin, Officer John Mathis IV and Officer Brian Warr. more

Henry County Police Department in McDonough, GA: Incident & Accident Reports

Thursday, February 17, 2011

Now that you know what you have been charged with, you should obtain the police report so you can review your arrest report with your Henry County DUI lawyer. Most Henry County Police cars are equipped with video surveillance equipment.  DUI videos can only be obtained through the Henry County Solicitor's Office by your lawyer and must be reviewed at the courthouse. Henry County Solicitor's Office will not release copies of DUI video tapes to lawyer, experts or people arrested for DUI. more

Henry County DUI: waiting on another officer for 25 minutes in front of police car does not trigger Miranda warnings

Thursday, September 16, 2010

Waters v. State, Henry County DUI, Miranda and DUI, (September 16, 2010).  Jennifer Renee Waters was convicted of DUI after a bench trial before the DUI Court judge in Henry County.  She was stopped after a be on the lookout call went out for the car driven by Defendant.   more

DUI conviction affirmed of Henry County DUI based on unsteadiness of man with cereral palsy

Wednesday, January 13, 2010

Harris v. State, A10A0119 (12/21/09).  The Georgia Court of Appeals affirmed the conviction of Rodney Harris a man suspected of driving while a less driver after consuming alcohol in a Henry County Bench Trial for DUI despite it being undisputed that Mr. Harris suffered from cerebral palsy a muscular disorder. (According to Wikipedia, The classical symptoms of cerebral palsy are spasticities, spasms, other involuntary movements (e.g. facial gestures), unsteady gait, problems with balance, and/or soft tissue findings consisting largely of decreased muscle mass.  more

Henry County Georgia Rapper "Nas" DUI demonstrates the fraud of Drug Recognition Expert techniques

Wednesday, December 16, 2009

The rapper "Nas" was arrested in Henry County, Georgia at a DUI roadblock for DUI marijuana on September 10, 2009.  The charges were recently dropped when the blood test came back negative for marijuana. The police report stated, “Mr. Jones had a green tongue with raised taste buds and his pulse was raised to 116 beats per minute...eyelid tremors in both eyes and body tremors.”  The Police also reportedly smelled a strong odor of “raw marijuana.”  These are indicators used by Police Officers trained in Drug Recognition Expert techniques or DRE.   more



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George C. Creal, Jr., P.C., Attorneys, Atlanta, GA
 

To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens-Clarke County, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Bibb, Carroll, Douglas, Rockdale, Spalding and Walton Counties. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.

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/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2010 George C. Creal, Jr. P.C.
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