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

Getting client’s DUI reduced in Gwinnett County: In November, I appeared with my client in Gwinnett Recorders Court. I was there to defend him against a DUI, driving less safe charge. Georgia code 40-6-391 states that no one shall drive or be in physical control of a moving vehicle while under the influence of alcohol to the extent that it is less safe for that person to drive. A person convicted of DUI for the first offense in the state of Georgia may have to spend at least 2 days in jail. A fine of not less than $390 and no more than $1000 plus penalties must be paid. There will be a summary probation period of 3 to 5 years. A DUI conviction will remain on your record for 10 years. After considerable negotiation with the prosecutor, I got the court to agree to reduce my client’s charge to reckless driving. My client will not have a DUI conviction on his record. This is another very happy outcome for my client who was charged with DUI.

Don’t end up with a DUI on your record. A DUI doesn’t go away, always fight it. If you are stopped for a minor traffic violation, and the officer believes that you have been drinking or on drugs, you may may be asked to preform a field sobriety test. If this test is positive it may lead to your arrest. Georgia code 40– 6-391: Driving under the influence of alcohol or drugs, states that no person shall drive or be in control of a moving vehicle while under the influence of alcohol or drugs to the extent that the driver is less safe. If convicted of DUI, this person will be subject to a fine not to exceed $1500 and possible prison time. If a convicted person has a child with them under the age of 14 years old, because of child endangerment, the fine will be not more than $1900. Alpharetta DUI defense attorney Scott Miller has spent his entire legal career fighting to clear his clients of DUI charges. If you have been charged with DUI there is no time to waste. Within 10 days of your arrest, you or your attorney must request a license suspension hearing to prevent your drivers license from being suspended.

Friday, March 8, 3:00 PM: I appeared in Roswell court with my client for her administrative license hearing. My client had been charged with DUI. Georgia code 40-6-391 is Georgia’s driving under the influence statue. In the State of Georgia,if someone is arrested for DUI,GA code 40-6-391, it is common for the arresting officer to take away, confiscate, the drivers license and replace it with an ALS form. This form is a DS – 12054 form. You are permitted to file for an ALS hearing within 10 days of your arrest. At the ALS hearing you can request that your license be returned so that you can use your vehicle to drive to work. I spoke with the arresting officer who was willing to withdraw the suspension until the upcoming court arraignment date. Now my client will have use of her license to drive her vehicle to work. I will prepare her defense for her upcoming DUI court arraignment.

I appeared with my client for an administrative license hearing in Roswell, GA. My client had been charged with DUI. Following discussion and negotiations with the arresting officer, and based upon my client’s level of perceived intoxication during the incident, plus the fact that another officer had seen my client at a cafe earlier that evening and told the client during casual conversation that he should not drive, I got the officer to agree to withdraw the suspension.

Attending client's administrative license suspension. Or November 9, 2018: I appeared with my client for an administrative license suspension hearing and Roswell, GA. In the state of Georgia, if you are arrested and charged with DUI, you are given 10 business days to request a hearing and thereby prevent an automatic suspension of your driving privileges. If you do not request the hearing within 10 business days, your license to drive in Georgia will be suspended. The arresting officer did not show up for the hearing. He called the judge to say that he had a personal emergency, so the case was continued until December 14 at 9:00 AM. Previously, I had been able to get the court in Milton. GA. to agree to reduce my client's DUI charge to reckless driving. My client will not lose his driving privileges and a DUI will not be on his record at the Georgia Department of driver services My client’s DUI case will be resolved on December 3 in the Milton Municipal Court, with a plea to reckless driving. Therefore, the administrative license hearing rescheduled for 14 December will be null and void. This is another very happy client with a successful outcome negotiated by the Alpharetta, Georgia DUI defense attorney Scott Miller. You may call attorney Scott Miller today for a free consultation concerning DUI charges or any other traffic or criminal charges.

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.

On October 26, 2018 at 3:19 PM: My client and I appeared at an administrative license hearing. The officer agreed to with draw the license suspension depending upon what was agreed to with the prosecutor. After review of the evidence, including the video of my client, I discussed with my client the pros and cons of having the hearing over the license suspension versus, signing an agreement for a future plea. My client instructed me to inform the court that she wished to have the with drawl and forgo the hearing in order to save her a license. This informational blog is provided to you by the Alpharetta, Georgia DUI ticket defense attorney Scott Miller. If you have issues with a DUI ticket, you may call attorney Scott Miller today at 770-408-1001 for a free consultation. www.lawofficeofscottmiller.com

GA. code 40-6-391, DUI, driving less safe. Georgia code 40-6-391 requires that no one shall be in physical control of a moving vehicle while under the influence of alcohol or drugs to the extent that it is less safe for that person to drive. A person found guilty of 40-6 391 in Georgia will be guilty of a misdemeanor. In April of this year, I represented a client in Alpharetta Municipal Court who had been charge with operating a motor vehicle under the influence, less safe. My client was returning home from an evening with friends. He failed to come to a complete stop at a traffic intersection, and was stopped and arrested for DUI. This was my client’s first in a lifetime DUI charge. Following negotiations with the prosecutor, I was able to get his DUI charge reduced to reckless driving. Being found guilty of reckless driving is a traffic offense. Being found guilty of DUI is a criminal misdemeanor, and it remains on your record. My client was extremely happy with this result, and he has referred one of his friends to me for a different type of matter.

Defending my client against DUI in Dunwoody I am in Dunwoody Municipal Court to defend my client charged with a DUI ticket. Following considerable negotiation with the prosecutor, I was able to get the charge reduced to reckless driving. A reckless driving conviction is significantly less damaging to ones driving record than a DUI conviction. A DUI conviction remains on your record for a lifetime. This client is another very happy client of the Alpharetta, Georgia DUI defense attorney Scott Miller. If you have received a DUI traffic ticket, call attorney Scott Miller immediately at 770-408-1001 for a free consultation. You have 10 days from the time of your arrest to save your driving privileges.

Alpharetta attorney Scott says, don’t drink and drive. When you go to a gathering where alcohol will be served, take a designated driver with you. If you are alone and have been drinking alcohol, leave your car and call Uber to take you home. There are services that will provide a driver who will come to your location and drive you home in your own vehicle. These driver services are available in the metro Atlanta area and have been publicized in the media. This plea for safe sober driving comes to you from the Alpharetta, Georgia DUI defense attorney Scott Miller. 770-408-1001