Barrow County Traffic Court Assistance work to resolve tickets and protect drivers from Georgia License Suspension. An experienced attorney can also defend against DUI charges.
Almost every DUI arrest in Georgia involves a field sobriety test or other chemical testing to determine if the driver is under the influence of alcohol or drugs. Richard Lawson is a former prosecutor with extensive knowledge and experience in Barrow County DUI Defense.
ALS hearings are administrative law procedures that occur when you are arrested for DUI or refusal of breath or blood testing. They are often confusing, but our team of lawyers is well versed in handling these types of cases. We will prepare a strategy and gather evidence that supports your case in order to present a winning argument at the ALS hearing.
The ALS process begins with the police officer filling out DDS Form 1205. You must request a hearing within 30 days of your arrest or the suspension will be automatic.
At the ALS hearing, you and your lawyer will testify under oath before a Hearings Examiner at the Bureau of Administrative Law Enforcement. The hearings examiner is an administrative judge that will decide whether to suspend or reinstate your license based on the information presented at the hearing. We often have success at ALS hearings by raising arguments such as: Reasonable Grounds – Did the officer have reasonable grounds to believe you were driving under the influence? Lawful Arrest – Was the arrest lawful? Implied Consent – Was the arrestee informed of his/her implied consent rights?
After your arrest, the prosecutor reviews what happened based on the police report and forms charges. The judge then reads those charges at your initial appearance, and you are asked to plead guilty or not guilty. You have the right to speak to a lawyer before pleading guilty, and you may request that the judge reschedule your initial appearance so that you can do so.
At this point, you can waive your right to a jury trial for misdemeanors and ordinance violations or you can elect to have a non-jury trial. You also have the right to a pre-sentence investigation by the county probation department, depending on the severity of your crime.
It is important to go to the court where your hearings and trials are scheduled, as it could lead to re-arrest if you fail to appear. If you have compelling reasons for missing your court date, the court can sometimes excuse a missed appearance.
In Barrow County, DUI cases are typically “bound-over” from city court to Superior Court. This can be strategic in a case, as it could mean a jury trial instead of a judge-only hearing. Richard is a former DUI Prosecutor and has the experience to handle your Barrow County DUI case in Superior Court, and to fight for your absolute right to a jury trial.
Barrow County sheriff’s deputies are trained to look for evidence of alcohol or drugs in the driver’s vehicle. These include prescription drugs if you have them in your vehicle by doctor’s prescription, and illegal drugs (marijuana, LSD, mushrooms, cocaine, meth & heroin).
The ALS hearing gives our attorneys the opportunity to examine the officer’s testimony and identify discrepancies that could be used at your criminal trial to impeach the officer. Those discrepancies can help you beat your DUI charge. The District Attorney is elected by the citizens of the Piedmont Judicial Circuit that consists of Barrow, Banks and Jackson counties for four year terms. The District Attorney prosecutes all indictable offenses, argues criminal appeals and assists the attorney general when certain prosecutions are moved to a U.S. District Court.
If you’re arrested for DUI in Barrow County, your case will likely be heard in Superior Court. Our attorneys understand the complexities of these cases and are prepared to fight for you in court.
One of the first things a knowledgeable DUI Attorney can do is challenge the police officer’s probable cause to pull you over in the first place. Probable cause is based on the entire encounter between you and the police officer, including their observations of your driving, your performance on field sobriety tests, and any admissions that you might have made.
During an ALS hearing, the officer will testify about their observations and their encounter with you. Any discrepancies between the testimony of the officer at the ALS hearing and at your criminal trial can be used to impeach the officer and call their credibility into question. A reputable DUI Lawyer will make sure this happens. The other important defense is defending your license privileges. You only have 30 days after a DUI arrest to request a hearing with the Department of Driver Services in order to avoid an administrative license suspension.