What is an arraignment?
What is an Arraignment Date? An arraignment is a court hearing where the defendant is formally advised of the charges against them and enters a plea. The arraignment is the first time that the defendant will appear in court, and it is an important opportunity to learn about your rights and options. What Happens at […]
Read MoreGeorgia DUI charges in Municipal, Probate and Recorders Court do not require a new bond to request a jury trial or “bind the case over.”
If you have been arrested for DUI in Georgia, you have the right to a jury trial. However, you must waive your right to a jury trial in writing before your case can be resolved in a municipal, probate or records court. The statute governing DUI waiver of jury trial in Georgia is § 40-13-23 […]
Read MoreHow Scientifically Reliable are Field Sobriety Tests?
DUI Field Sobriety Tests: Show me the randomized double blind placebo control studies with significant N-values published in reputable journals showing that DUI field tests are reliable…hands, hands, hands…there aren’t any. The National Highway Traffic Safety Administration (NHTSA) developed standardized field sobriety testing (SFST) for DUIs in the 1970s. The goal of the SFST […]
Read MoreCan I DUI Stop be “Unlawfully Prolonged”?
Goode v. State, A23A0200, Georgia Court of Appeals, June 5, 2023: What it Means for DUI Defense In a recent decision, the Georgia Court of Appeals held that a police officer’s detention of a driver for a DUI investigation was unlawfully prolonged. The case, Goode v. State, is a victory for DUI defendants and […]
Read MoreHow Strickland v. State Could Benefit People Cited for DUI in Georgia
Strickland v. State: A Victory for Defendants charged on traffic violations like DUI and charged on a paper Uniform Traffic Citations in Georgia In a 2019 case, Strickland v. State, 349 Ga. App. 673, 675(2), 824 S.E.2d 555 (2019), the Georgia Court of Appeals held that a traffic citation or paper traffic ticket that […]
Read MoreYour Right Against Self-Incrimination and DUI: What You Need to Know
The Ammons v. State Case: Protecting the Right Against Self-Incrimination In Ammons v. State, the Georgia Supreme Court held that a defendant’s right against self-incrimination under the Georgia Constitution prohibits law enforcement from compelling a person suspected of DUI to perform a preliminary breath test (PBT) or field sobriety tests (FSTs). The defendant in Ammons […]
Read MoreAggressive Driving in Georgia
Aggressive Driving under OCGA 40-6-397 Aggressive driving is a serious problem on our roads. It can lead to accidents, injuries, and even death. In Georgia, aggressive driving is defined as operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. What is Aggressive Driving in Georgia? There are […]
Read MoreIf you refuse a blood or breath test, police may obtain a warrant for Blood
O.C.G.A. § 40-5-67.1 (d.1), provides, “Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission of evidence of a violation of the Georgia DUI laws if obtained by a search warrant as authorized by the Constitution or laws of this state or the United States.” This […]
Read MoreSandy Springs purchases property for Municipal Court and Public Safety
Patch.com reported on August 19, 2020, that the City of Sandy Springs has recently purchased 620 Morgan Falls Road as its new Municipal Court and Public Safety facility. The property is 12.52 acres and costs $11,025,000.00. The Police Department and Municipal Court are currently located in leased office space in the Morgan Falls Office park which […]
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