Informative Blog Posts About GA Traffic, DUI, Misdemeanor, Felony & Probation Violations

In Fayette County Superior Court fighting my client's charges of obstruction of an officer, possession of methamphetamine, possession of marijuana. On Wednesday, October 31, at 8:30 AM I appeared with my client in Fayette County Superior Court. We appeared there to enter a negotiated plea for my client. My client had been charged with obstruction of a law a enforcement officer, and charged with possession of methamphetamine, and possession of marijuana. Georgia code 16–10–24 states that, “who ever knowingly and willfully resists, obstructs, or opposes any law-enforcement officer in the lawful discharge of his duties, is guilty of obstruction.” Obstruction of justice can be a felony or a misdemeanor. My client was charged with felony obstruction. My client was also charged with possession of methamphetamine. Georgia code 16-13-30(D): Possession of methamphetamine is a felony and if convicted would carry a prison term of 5 to 30 years. My client was also charged with possession of marijuana less than 1oz. Georgia code 16–13–2, possession of less than 1 ounce of marijuana, is usually charged as a misdemeanor and if convicted carries a penalty of imprisonment up to less than 12 months. I had previously over many months negotiated with the court over my client’s multiple charges. I got the court to agree to reduce the felony obstruction to misdemeanor obstruction, and to reduce the methamphetamine possession and marijuana possession, provided my client plaid guilty. At this time we were there to enter the negotiated plea. My client was sentenced to three years of probation with only the first 12 months or reporting. This is a tremendous victory for him. He is another very happy client of the Alpharetta, GA criminal defense and drug defense attorney Scott Miller.

Fighting client’s DUI in Fulton State Court: On October 31, 2018, at 9:30 AM, I appeared with my client to fight his DUI charge in Fulton State Court. My client had been charged with Georgia Code 40–6-391(a)(1). This code states that, “a person commits the offense of DUI less save alcohol. when that person is in physical control of any moving vehicle driven under the influence of alcohol, to the extent it was less safe for that person to drive.” I argued with the court that there was lack of evidence to show that my client failed the field sobriety test. The arresting officer had obscured the view of the defendant on the video during the field sobriety test. After considerable negotiation with the court, I was able to get my client’s DUI charge reduced to reckless driving. I was also able to prevent the suspension of his drivers license.

Fighting client's marijuana charge in Sandy Springs Municipal Court. On Wednesday, October 17, 2018, I appeared with my client in the Sandy Springs Municipal Court. She had been charged with violating Georgia code 16-13-2, possession of marijuana less than 1 ounce. Georgia code 16-13-2(b) States that any person convicted of possession of marijuana, less than 1 ounce, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months, or a fine not to exceed $1000, or both. After negotiations with the court, I was able to arrange with the prosecutor a pretrial diversion for my client. A pretrial diversion puts a hold on the prosecution of my client for six months. During the six months my client will have to complete the following in order to have the charge of marijuana possession dismissed: She is required to complete certain hours of community service. She is required to have a drug and alcohol evaluation and complete any treatment. She will be required to pay a fine. After successful completion of the requirements above within a period of six months, the marijuana possession charge will be dismissed.

Fighting client’s marijuana charge in Roswell City Court: On October 31, 2018, at 8:30 AM, I appeared with my client in the Roswell City Court. I was there to defend her against the charge of possession of marijuana less than 1 ounce. Georgia code 16-13-2(b) Says that anyone found guilty of this marijuana charge will be guilty of a misdemeanor and punished by imprisonment not to exceed 12 months or a fine not to exceed $1000, or both. After considerable negotiation with the prosecutor, I was able to get the court to agree to a pretrial diversion, which is a hold and clear of six months on the client’s behalf. This pretrial diversion, hold and clear, provides my client six months to complete the following: Take a drug and alcohol evaluation and perform any required treatment. Complete community service hours and pay a fine in exchange for the dismissal of the case.

Fighting client’s following to close accident in Cobb State Court. On Tuesday, October 16, 2018, I appeared with my client in Cobb State Court. He was charged with a following to close accident. My client had been working and rear ended another vehicle. He was a postal worker at the time, and the case was reset for today, so that the client could produce a letter from his employer‘s insurance company showing that the damage to the other drivers vehicle was covered. My client however, was in able to secure the letter, due primarily to the bureaucracy of the Postal Service, therefore my Client pled no contest, (no point result), to the charge and he was fined the minimal of $50. This no contest plea saves my client’s driving record from having additional points added.

Possible federal bus stop safety law increasing penalties significantly: According to WSB TV, “a petition on WhiteHouse.gov is calling for lawmakers to create a federal bus stop safety law. This comes in the wake of several children being killed recently in crashes at or near a school bus stops.” The petition on WhiteHouse.gov is calling for severe penalties penalties like jail time and a 90 day suspension of driver’s license for people who refuse to stop for school buses. Georgia code 40 –6–163, forbids passing a school bus with its stop signs extend and it’s red lights blinking. The blinking red lights and the stop signs are extended every time a school bus stops to load or unload children. If you are found guilty of violating GA Code 40-6-163 you will be fined $400. All drivers are reminded to drive safely and within the speed limit at all times and especially when in school zones. Please don’t put our children at additional risk.

On 10/ 3/18, I appeared in Gwinnett County Court for my client.

Getting client’s super speeder ticket reduced in Alpharetta: On Wednesday, October 10, 2018 at 9:00 AM, I appeared in the Alpharetta Municipal Court with my client to fight his super speeder ticket. My client had been charged with driving 85 mph on GA-400 which has 65 mph speed limit. Following considerable negotiation with the prosecutor, I got my client’s speed reduced to 79 mph in a 65 mph zone. This eliminates the super speeder category, and makes his citation a non-reporting citation, with no points added to his license. I had previously had my client attend a defensive driving course, and upon the presentation of the certificate of completion and my client paying a fine, his case was dismissed. This is another very happy client of the Alpharetta, Georgia speeding ticket defense attorney Scott Miller. www.lawofficeofscottmiller.com

On Monday, October 8, 2018, I appeared with my client in Duluth City Court. My client had been arrested for reckless driving and driving on the wrong side of the road way. After considerable negotiation with the prosecutor, I was able to convince the court to dismiss both charges. I got the prosecutor to agree to reduce both offenses to a basic rules violation, which are non-reporting, and no points on his driving record. Because my client had previously played guilty to the traffic case, I was unable to get the arrest restricted so that no one could see it. However, he will have no points added to his license.

Fighting client’s obstruction and striking an officer charge. On Wednesday, October 3, 2018, I accompanied my client to the Fayette County superior court. My client was charged with obstruction and striking an officer, with felony obstruction for head-butting an officer, and also for possession of methamphetamine. I entered a plea for him of obstruction or hindering a law-enforcement officer, Georgia code 16-10-24. The penalty for violating 16-10-24 is $1000 fine and up to one year in jail or both. This being a misdemeanor charge is a significant reduction from the penalty of felony obstruction. My client was unable to enter a plea as a first offender because he had previously had a first offender status revoked. This plea deal resulted in a three-year term of straight probation (no prison time),