CRIMINAL & DUI CLIENT HANDBOOK€¦ · are experienced at successfully handling cases involving all...

CRIMINAL & DUI CLIENT HANDBOOK

If You or a Loved One Has Been Arrested,We’re Here to Help

Criminal & DUI Client Handbook | 1

CONTENTS

A Letter from the Founding Lawyer .......................................................................... 5

Our Principles ................................................................................................................. 7

Searches, Seizures, & Your Miranda Rights .............................................................. 8

Searches & Seizures ............................................................................................... 8

A First Tier Encounter ...................................................................................... 8

A Second Tier Encounter ................................................................................... 8

A Third Tier Encounter ..................................................................................... 8

Miranda Rights ....................................................................................................... 9

When Miranda Rights Are Not Required .......................................................... 9

When Miranda Rights Are Required ................................................................. 9

Miranda Warnings Are Broader Under Georgia Law ........................................ 9

Caution about Spontaneous Utterances ............................................................... 9

Search Warrants ...................................................................................................... 9

Four Exceptions to the Need for a Search Warrant .......................................... 10

During Lawful Arrest: ..................................................................................... 10

Item in Plain View: .......................................................................................... 10

In Emergency Situations or Pursuit: .................................................................. 10

With Consent: .................................................................................................. 11

Pat-Down Searches ........................................................................................... 11

Cell Phone Searches .......................................................................................... 11

Wiretaps (Electronic Eavesdropping) ................................................................ 11

The Arrest ..................................................................................................................... 12

If You Are Detained ............................................................................................ 12

If You Are Pulled Over....................................................................................... 12

The Traffic Stop ............................................................................................... 13

Roadblocks (Sobriety Checkpoints) ................................................................... 14


Field Sobriety Tests ........................................................................................... 14

The Alcosensor ................................................................................................. 14

Being Taken to Jail ........................................................................................... 15

State-Administered Chemical Test & Implied Consent ..................................... 15

The “Black Box”…and Its Problems ............................................................... 16

At the Police Station ............................................................................................ 17

How We Help You ...................................................................................................... 18

Now Is Not the Time to Go It Alone .............................................................. 18

Every Step Along the Way ................................................................................. 18

Formal Charges & Setting Bond ....................................................................... 18

If Eligible for Bond, How Can I Get Released from Jail? ................................. 19

Holds or Detainers ........................................................................................... 19

Probable Cause (Preliminary) Hearing ............................................................. 20

Bond Hearing ........................................................................................................ 20

Administrative License Suspension Hearing ................................................... 20

Recent Changes in How Administrative License Suspension Works ................. 20

Why Did the Law Change? .............................................................................. 20

Explanation of the Three Options ..................................................................... 21

Do Nothing ...................................................................................................... 21

Request a Hearing ............................................................................................ 21

Ignition Interlock Device Limited Permit (IIDLP) ........................................... 21

Investigation .......................................................................................................... 24

Defense Strategy Meetings ................................................................................. 24

Accusations & Indictments ................................................................................ 24

Arraignment .......................................................................................................... 25

Motions Research & Preparation ...................................................................... 25

Motions Hearing .................................................................................................. 25

Lafler-Frye Status Hearing .................................................................................. 25

Plea Hearing .......................................................................................................... 26

Calendar Call ......................................................................................................... 26

Trial ........................................................................................................................ 26

Sentencing Hearing .............................................................................................. 27


Motion for New Trial .......................................................................................... 27

Appeal .................................................................................................................... 27

Your Conduct & Attire in Court ............................................................................... 28

DUI Penalties ............................................................................................................... 31

Penalties for Those 21 or Older ........................................................................ 31

Penalties for Those Under 21 ............................................................................ 32

Common Sentence & Diversion Conditions .......................................................... 34

Incarceration & Probation .................................................................................. 34

Payment of Fines & Court Costs ...................................................................... 34

Community Service .............................................................................................. 35

Driver’s Risk Reduction Program ..................................................................... 36

Alcohol & Drug Evaluation ............................................................................... 36

MADD Victim Impact Panel ............................................................................. 36

DUI & Drug Court Programs .......................................................................... 36

Family Violence Intervention Programs .......................................................... 36

Other Programs .................................................................................................... 36

Impact on Your Driver’s License .............................................................................. 37

License Suspension .............................................................................................. 37

License Revocation .............................................................................................. 38

License Cancellation ............................................................................................ 38

First DUI Conviction Court Affidavit ............................................................. 38

Ignition Interlock Alcohol Detection Device ................................................. 39

Obtaining a Limited Driving Permit ................................................................. 39

DDS Service Center Locations .......................................................................... 40

Identification & Proof of Residence ................................................................. 40

License Reinstatement ......................................................................................... 41

The Georgia Point System .................................................................................. 42

Our Lawyers & Staff.................................................................................................... 43

Don Turner, Founding Partner ......................................................................... 43

Nicholas (Nick) Satriano, Senior Associate ..................................................... 43


Lisanne Edelman, Associate ............................................................................... 44

Ashley Sampson, Firm Administrator .............................................................. 45

Audrey Hoge, Case Manager & Marketing Director...................................... 45


A LETTER FROM THE FOUNDING LAWYER

As a valued client of our firm, we want to thank you for putting your trust and

confidence in us to get you through a situation which, we understand, can be very stressful.

To alleviate some of the stress and confusion that often accompany this process, we want to outline what you can expect when arrested for a crime and as we manage your case.

This Handbook is designed to provide you with as much relevant information as possible so that you will understand how the legal process works from the very beginning through the final stages. Most of the information applies to any criminal charge. Some, such as DUI, are given specific treatment.

Since our primary focus is to resolve your case in a timely manner and to gain a favorable case disposition, here are some things to remember:

� The majority of your lawyer’s time is spent in the courtroom, which means they won't always be available when you call. Our staff is experienced and trained to answer many questions you may have. If there is a question they cannot answer on the spot, they will find the answer and get back to you as quickly as possible.

� When you call us with an important question, you can be assured we are looking for the correct answer. Since many people that we need to speak with regarding your case are affiliated with the court system, it may take time before we are able to get the information we need. Please do not confuse a delayed response to your phone call or question with not making you a priority. I can promise you someone is working hard to obtain the information you need before getting back to you!

� Please keep us informed of any changes in your address or phone numbers or any court notices you receive.

� Please respond as quickly as possible to our calls or letters; they often concern a time-sensitive matter requiring your prompt response.


We are proud to represent you and committed to producing the best possible outcome for your case.

Should you, or someone you know, ever need our help now or in the future, we are experienced at successfully handling cases involving all criminal charges, personal and work-related injuries, and many other legal issues.

With sincere thanks,

Donald C. Turner


OUR PRINCIPLES

For Our Clients: We offer loyalty, excellence, diligence, and good judgment. We strive to represent you as we would want to be represented and to be worthy of your trust.

For Opposing Parties & Counsel: We offer fairness, integrity, and civility. We will strive to make our dispute a dignified one.

For the Courts: We offer respect, candor, and courtesy. We strive to do honor to the search for Justice.

For Colleagues in the Practice of Law: We offer concern for your welfare. We strive to make our association a professional friendship.

For the Profession: We offer assistance. We strive to keep our business a profession and our profession a calling in the spirit of public service.

For the Public: We offer service. We strive to improve the law and our legal system, make the law and our legal system available to all, and seek the common good through the representation of our clients.

Criminal & DUI Case Handbook | 8

SEARCHES, SEIZURES, & YOUR MIRANDA RIGHTS

A warrant is a document issued by a legal or government official, usually a Judge, authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

Searches & Seizures

Search and seizure, also called stop and search, is probably the most hotly contested area of criminal law. Police are always making stops and searches. Those arrested are always contesting the legality of the stop or the search.

The reason is obvious. If either the stop or the search is illegal, any evidence found during the search is inadmissible at trial. In other words, No Evidence = No Case.

Search and seizure is a complicated area of the law. The following is a brief explanation of search and seizure law in Georgia.

A First Tier Encounter

This is casual contact between a citizen and the police. It is a purely voluntary and no detention takes place. Since no detention takes place and you are free to walk away, this is not an arrest.

A Second Tier Encounter

This involves a brief investigative detention of someone by the police. You cannot simply walk away but investigative detention is not an arrest.

A Third Tier Encounter

This involves custodial detention of someone by police. This is an arrest. In most instances, a person has no doubt about when he is placed under arrest. But what happens if the officer never says, "You are under arrest"? The answer is surprisingly simple. Under Georgia law, if circumstances are such that a


reasonable person would believe that he or she were under arrest, then an arrest has occurred. If the time of arrest is in dispute, a judge will make the determination at a pretrial hearing.

Miranda Rights

When Miranda Rights Are Not Required

Advisement of Miranda Rights, also called a Miranda Warning, is not required in a First or Second Tier encounter in Georgia. Any incriminating statements you make while being interrogated prior to being placed under arrest are admissible in court.

Keep in mind that you are under no legal obligation to talk to the police during a First or Second Tier encounter.

When Miranda Rights Are Required

Once a person is arrested, advisement of Miranda Rights is required before the person can be questioned. If the officer asks you any questions after you are arrested but before you are advised of your Miranda Rights, any statement you make would be excluded. If the prosecutor’s case rests solely on this suppressed statement, then your case will most likely be dismissed. However, in most instances, the prosecutor relies on evidence other than your incriminating statement.

Miranda Warnings Are Broader Under Georgia Law

At the federal level, Miranda Rights apply only to oral or written statements. In Georgia, Miranda Rights apply not only to statements, but also to certain acts. For example, if someone is arrested for DUI and then asked to perform field sobriety evaluations without being Mirandized, the field evaluations would be inadmissible.

Caution about Spontaneous Utterances

Once someone is arrested, a voluntary or spontaneous utterance is admissible even if no Miranda Warnings are given.

Search Warrants

The Fourth Amendment of the U.S. Consti-tution protects people from unreasonable searches and seizures: The right of the people to be secure in their


persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Generally, the police must first have obtained a search warrant from a judge before conducting a search. Some searches are legal without a warrant, but what constitutes an illegal search can be very confusing and complicated, and only an experienced attorney can accurately explain whether a particular search is legal.

The method for obtaining a search warrant is very similar to that for obtaining an arrest warrant. That is, the judge must be given facts under oath and the facts must show probable cause to believe that certain illegal items will be found in the place to be searched. The items and the place to be searched must be specifically described.

Four Exceptions to the Need for a Search Warrant

During Lawful Arrest: When a search occurs in conjunction with a lawful arrest, the arresting officer can then search the person and the immediate area around him or her because the officer needs to know that the person is not armed. Furthermore, it is important that any evidence concealed on that person be seized to prevent it from being destroyed. However, if the arrest turns out to be unlawful, then a search under this exception would also be considered illegal.

Item in Plain View: When the police see an illegal item in plain view, it is understood that there is no intentional search if an officer discovered the illegal item among other visible items. This includes items within arm’s range of a driver. If there is probable cause that there is wrongdoing beyond the traffic violation for which the car has been pulled over or if the driver is arrested, then the search is considered incident to a lawful arrest. Generally, even in this situation, the trunk could not be searched unless the officers were given express permission or unless the car was impounded in which case the trunk could be searched for the purpose of conducting an inventory of the contents of the car.

In Emergency Situations or Pursuit: Police may conduct a search in emergency situations without a warrant, for example, in the case of a bomb threat or in pursuit of someone who has just committed a crime.


With Consent: Police may also search when an individual consents to a warrantless search or seizure. Consent searches are valid, but the state must prove that consent was freely and voluntarily given. To make this determination, the court looks at the entire circumstances surrounding the consent, including:

� Age, education, intelligence, and length of detention of the accused;

� Whether the accused was advised of his or her constitutional rights;

� The nature of questioning, especially when it is prolonged; and

� Use of physical or psychological punishment.

Pat-Down Searches

In the execution of a search warrant or an arrest, the police may reasonably detain and pat-down any person in the place at the time in order to protect themselves from attack or prevent the disposal or concealment of any instruments, articles, or things described in the search warrant. A pat-down involves the patting down of a person’s outer clothing to discover a potential weapon or other object that could cause harm.

Cell Phone Searches

In June 2014, the Supreme Court unanimously ruled in the case of Riley v. California, that police need a warrant to search the cell phone of anyone they arrest.

Wiretaps (Electronic Eavesdropping)

The Fourth Amendment generally protects people from the interception and recording of any oral statements unless the conversation was held where there was no reasonable expectation of privacy or if one party to a conversation consents to the interception.


THE ARREST

If You Are Detained

It is the business of Police Officers to ensure the safety of our communities and roadways. Forming an impression of your behavior and condition is part of their job. Don’t make it harder on yourself by assuming your condition is not their business. A combination of impressions about you and your environment could make the difference in whether you are charged with a crime.

Don’t underestimate the power of the first impression! What the officer sees, smells, and hears during the first moments of contact will create an impression. Officers never know what to expect when they approach someone or pull someone over. Remember, in their eyes, you’re a possible criminal. Their job is to protect the public. If you become belligerent or argumentative, you may be building a case against yourself. They are assessing you, and your attitude affects their judgment—and their judgment determines their next step.

It is very difficult to reverse a negative first impression. You may face this person again in court when he or she is talking to your judge about your recommended punishment.

Such a situation could lead to a criminal—not a civil—case, and your liberty is at stake. The consequences of a conviction can be severe. Once you’ve been detained or stopped on the road, you become involved in the criminal justice system’s process, and you may have to prove your innocence—despite our country’s supposed presumption of innocence. An arrest can be a confusing and frightening experience.

If You Are Pulled Over

The fact is that fatigue, illness, and reactions to medications can arouse an officer’s suspicions. Even being lost can produce a sense of disorientation that can be mistaken for being under the influence of alcohol or drugs.


The law does not specify that it is illegal to drink and drive. The issue is whether you are a less safe driver because of the alcohol or drugs you have consumed, thereby causing a safety hazard on the roads. You don’t have to be drunk to be charged with a DUI. You may perceive yourself as very alert, although perhaps a bit careless. In many cases, drivers do not perceive themselves as drunk.

This portion of the Handbook describes what can happen if your sobriety is ever questioned by a law enforcement officer. It gives a very sobering description of what can transpire should you ever be stopped. It can help you be prepared to deal with this traumatic situation from the outset.

The Traffic Stop

When you see blue lights flashing behind you, put both hands on the steering wheel, turn your hazard lights or right blinker on, and cautiously and carefully pull over to the right, out of the lane of traffic somewhere lighted and safe. If you don’t find somewhere immediately, drive at a slow pace with your hazards flashing until you find somewhere secure.

Once parked, roll your window down all the way, perhaps turn off the engine. If it's dark, turn on the interior light. This helps calm down any fears the officer might have.

Do not rummage in your pockets, purse or console for identification or insurance documents. Wait until the officer asks you for them.

Always be polite, courteous and calm. Never challenge the officer or lose your temper—this will be used against you. Drivers tend to get “blue light panic” and feel guilty, even if they are not. Don’t panic. You may or may not have committed a traffic violation. Take this interaction with the officer very seriously. If you have had a drink, remember that drinking does not necessarily equate to “driving under the influce.”

Do not say anything incriminating or offer any information except your name, address, and similar background. Be cooperative, but do not volunteer information that could be used against you in court, such as “I only had two beers.”

If asked to step out of the car, make sure it is lighted and out of the way of any other vehicles. When you step out, be very careful and think about every step and action you take—from opening the door handle to the first step onto the pavement. Do not stumble or lean on the car once out.


Roadblocks (Sobriety Checkpoints)

A Georgia sobriety checkpoint, commonly called a roadblock, is a method that police agencies use to evaluate random drivers for signs of drug and alcohol impairment. A sobriety checkpoint may be a stop on a freeway or other public road. Law enforcement decides ahead of time what process to use when stopping vehicles (for example, stopping every third car).

If you are stopped at a sobriety checkpoint, the officer may ask for your license and registration. They are primarily looking for signs of impairment. If they suspect that you are under the influence of drugs or alcohol, they may ask you to perform field sobriety tests (voluntary), breathe into an alcosensor (voluntary), conduct a drug evaluation, and submit to a state-administered chemical test (requiring Implied Consent, see below).

Field Sobriety Tests

Typically, you’ll be asked to take one or more field sobriety tests to check your balance and dexterity. Some examples of what you may be asked to do are:

� Recite the alphabet forward or backward

� Walk a straight line (heel, toe, heel, toe)

� Stand with your feet together, extend arms parallel to the ground, lean your head back, close your eyes and touch your nose—first with one hand, then the other

� Pick up a coin

� Horizontal gaze nystagmus test where the officer shines light in your eyes while you focus on an object at a 45° angle

Do not agree to these tests. They are voluntary. These tests given to frightened drivers less than 5 feet off a busy highway—with lights flashing and cars speeding by—could rattle the steadiest of nerves. If the officer has any doubts about your tests, you will be arrested for driving under the influence of alcohol or drugs and for other related traffic violations.

The Alcosensor

An alcosensor test may also be offered. You would blow into a handheld instrument which gives a +/- reading for alcohol. This is again voluntary. Do not agree to blow into the handheld device.


Being Taken to Jail

Upon arrest, many things can happen:

� You will most likely be searched.

� You will be handcuffed and put into the back of a patrol car.

� Your car may be searched.

� Your car may be towed.

� You will be taken to the police station or jail.

� Your driver’s license may be taken and held by the authorities in which case you will be issued a traffic citation or a 1205 form which will serve as your license and identification until the Administrative License Suspension (ALS) Hearing is concluded. (The ALS process is discussed in more detail later in this handbook.)

State-Administered Chemical Test & Implied Consent

The officer must read the Implied Consent Warning, which tells you that you must submit to a state-administered chemical test of blood, breath, urine or other bodily substance for the purpose of determining alcohol or drug content on penalty of a one-year license suspension. Under Georgia Code 40-6-392, you have the right to an additional test at your own expense. The officer has the duty to transport you to a hospital or clinic for that test.

The notice to be read depends on the age of the driver and class of license. The legal limit for drivers 21 or older who are not operating a commercial vehicle is 0.08 grams, 0.04 grams for commercial drivers, and 0.02 grams for drivers under the age of 21. These notices are similar. As an example, the Implied Consent Notice for Suspects 21 or Over reads:

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit


to the state administered chemical tests of your (designate which tests) under the implied consent law?

It is usually best to agree to submit to chemical testing of breath with the Intoxilyzer (not the handheld Alcosensor), blood, or urine. Some extreme facts may make it advantageous to refuse testing, such as a death or bodily injury in an accident, numerous prior DUIs, or severe intoxication. In the absence of such circumstances, it is generally advisable to take the state chemical test.

The “Black Box”…and Its Problems

The Intoxilyzer 5000 or the newer Intoxilyzer 9000 is the computerized machine used to measure alcohol in the breath as a way to detect the amount of alcohol in the blood. You will be asked to blow into the mouthpiece. A printout that looks like a cash register receipt will show the machine’s reading of your blood to alcohol ratio.

The basis for the current law is that appoximately 50% of the population would be considered to have imparied judgment (and be a less safe driver) at 0.08 grams or higher blood alcohol content (BAC). However, measurements by computers are just that: measures. Consider these limitations.

The box does not measure individual physiological differences. The formula chosen for the computer is a 2100:1 ratio of blood to breath. If your acutal ratio is less (such as 1600:1), the machine will give a higher reading than would be accurate for you. You would be judged more impaired than you actually are. These ratios are not directly connected to body weight, gender, or age.

There are several common sources of error:

� Frequency of calibration

� Mechanical failure

� Interfering radio signals

� Operator error

� Failure to distinguish between ethanol found in alcoholic beverages from similar substances

� Other chemicals commonly used in cleaning and painting


� Mouth alcohol from mouth wash, for example

� Levels at time of testing versus time of driving

At the Police Station

While you may be in a somewhat unsteady mental and emotional state—coping with fear, shock, anger, or panic—you must still remember that you are charged with a criminal offense. You are more likely to be treated as a criminal than a customer, even though you might not see yourself in that light.

What you need most—and are least likely to get—is sympathy. The jailers and clerks don’t particularly care about you, what you want, or why. Regardless of class or charm, male or female, you weren’t invited. They are there to process you as a criminal. And you had best take this matter seriously.

Once you arrive at the jail, you will probably sit and wait, and then fill out papers, and then sit and wait some more. Big town or small town—you can bet that jails up close will have a different atmosphere than you imagine from the comfort of watching TV from your sofa. Don’t count on the police—or the inmates in there with you—being pleasant.


HOW WE HELP YOU

Now Is Not the Time to Go It Alone

We believe that you should have an attorney involved as soon as possible. The State has investigators and interrogators who are highly skilled in obtaining confessions from an unsuspecting person. They often twist your words or get you to say something that may be incriminating.

It is very important that you contact an experienced lawyer before you say or do anything that could incriminate you or hurt your chances in court.

Contacting us early allows our team to have more time to investigate your case, question witnesses, obtain evidence and develop strategies that can help in your defense.

Being proactive can make all the difference in your freedom and criminal record.

Every Step Along the Way

We’re here to help and represent you every step of the way—preliminary bond hearings, investigation and defense strategy, arraignment, negotiations for reductions in charges or conditions, discharges, motions hearings for dismissals, trials. If you are sentenced, we will guide you in meeting any conditions the court may impose

Formal Charges & Setting Bond

Within 72 hours of an arrest, a judge or magistrate will advise you of the charges against you and discuss your eligibility for a bond. If you are unable to make bond, the court usually holds a hearing shortly after arrest to decide where to send your case. A misdemeanor (an offense punishable by less than 12 months in jail) is usually sent to Municipal or State Court. A felony (an offense punishable 1 year or more in prison) is sent to the District Attorney for further investigation and possible prosecution in Superior Court. The District Attorney's office presents most felony cases to a Grand Jury for


indictment 2 to 3 months from the day of arrest. The Grand Jury determines whether there is sufficient evidence to formally charge an individual and whether to issue a Bill of Indictment. Neither you nor your attorney would appear at a Grand Jury Hearing.

If Eligible for Bond, How Can I Get Released from Jail?

Most inmates can obtain release from jail prior to trial by posting bail with the court through the jail. The amount of bail for each inmate depends on the seriousness of the charges. Most municipal courts have a master bond schedule that sets the amount that must be posted for each offense charged. A judge may raise or lower someone’s total bail amount based on the likelihood that the defendant will flee and his or her risk to society.

Several types of bail can be posted for an inmate:

� Cash Bond: The entire amount of the bail can be paid by cash or money order. The entire amount of the cash bond (less jail fees) is refunded after the case is completed in court.

� Commercial Bond: A bonding company can post the inmate’s bail for a fee, usually 10-15% of the total bail amount. This fee is non-refundable.

� Property Bond: Real estate owned with sufficient equity may be posted as collateral for bail. All property owners must be present when the bond is written.

� Pre-Trial Services Agency Bond: Defendants demonstrating sufficient community ties (for example, duration of employment) and meeting other requirements may be allowed to make bond upon payment of a percentage of the total bond amount to the relevant Pre-Trial Services Agency.

� Recognizance Bond: A judge may allow a defendant to sign his or her own bond in lieu of posting bail.

� Non-Bailable Charges: Certain charges have no bail at the municipal level. For example, bail for murder, rape, armed robbery and selling narcotics must be set by a judge in Superior Court.

Holds or Detainers

Defendants who have holds or outstanding warrants placed on them by other jurisdictions cannot be released from jail until these detainers are satisfied or withdrawn. You will usually be informed of such holds at the time of arrest or


later when you attempt to make bond. If there is a hold in the system from another jurisdiction and it is not released, bail may still be posted but the defendant will then be transferred to the jurisdiction that placed the hold.

Probable Cause (Preliminary) Hearing

If a defendant is being held without bond or cannot make bond, he or she can petition the court for a probable cause hearing, typically before a Magistrate Judge. The State will call the arresting or investigating officer as a witness. If the judge determines that it is more probable than not that the defendant committed the crime, the case will be bound to either superior court or state court.

Bond Hearing

If no bond is set or set too high, we can petition for another bond hearing. This is not only an attempt to get you out of jail, but also help us better understand your case before Arraignment.

Administrative License Suspension Hearing

In DUI cases, within the first 30 days of being charged with a DUI, we request an Administrative License Suspension (ALS) Hearing and represent you at that hearing before the Georgia Office of State Administrative Hearings.

Recent Changes in How Administrative License Suspension Works

Effective July 1, 2017, the 10-day rule became the 30-day rule. Previously when arrested for a DUI in Georgia, a driver over 21 who refused to be tested for blood alcohol content (BAC) or whose test result was 0.08 or higher had two choices: request a hearing before an Administrative Law Judge or do nothing and allow their license to be automatically suspended after 30 days.

Now some drivers arrested for DUI have a third option: install an ignition interlock device on their vehicle.

Why Did the Law Change?

Georgia Highway Safety officials and MADD members lobbied for an even tougher version of this law as a way of treating those who drink and drive more harshly in an effort to save lives. According to Harris Blackwood, Director of the Governor’s Office of Highway Safety, “States that have passed ignition interlock devices for first-time DUI offenders have seen the number of drunk driving deaths drop by as much as 50 percent.”

While we are sympathetic to MADD’s desire to reduce deaths on our roads, we cannot lose sight of the central principal of our legal system: the presumption of


innocence. Drinking and driving is not illegal, driving impaired is illegal. All methods of testing BAC have limitations that can lead to inaccurate results. We always have and always will fight for our clients’ rights in administrative and criminal courts.

Explanation of the Three Options

If you are arrested for DUI and given a 1205 form, you may choose one and only one of the following three options: (1) do nothing; (2) request an appeal hearing; or (3) if eligible, request an ignition interlock device limited permit.

Do Nothing

If you do nothing within 30 calendar days, your license will be suspended automatically on the forty-sixth (46th) day. Days are calculated from serve date, the date when the officer gave you the 1205 form, shown beside the officer’s signature near the bottom of the front page.

If your 1205 form indicates a refusal to take the test, your license will be suspended for 1 year and no ALS permit will be available to you.

If you took the test and your BAC was above the legal limit, your license will be suspended for 30 days up to 5 years based on your driving record. An ALS limited permit may be available to you during this suspension if you are a current Georgia licensee and have not been in suspension for this same reason within the past 5 years.

If you have a CDL, you will not have any commercial driving privileges during your suspension, even if you are eligible for the ALS limited permit.

Periods of suspension may be impacted by the outcome of your criminal case for the DUI charge.

Request a Hearing

You can request a hearing before an Administrative Law Judge (ALJ). A hearing must be requested in writing or in person at a DDS customer service center within 30 calendar days of the serve date. Payment of $150.00 must accompany the request. Driving privileges will remain in pending status until a hearing decision is issued.

Ignition Interlock Device Limited Permit (IIDLP)

This option is not available to all. A driver must:


� Be 21 or older within 30 days of the serve date

� Be a Georgia licensee

� Have no active license suspensions, revocations or cancelations

� Have no DUI convictions within the past 5 years (as measured from the date of DUI arrest for which you were convicted to the date of this current arrest)

If you wish to obtain an ignition interlock device limited driving permit (IIDLP), you must request the IIDLP within 30 calendar days of the serve date. The ignition interlock device has to be installed prior to applying for the permit or within 10 days of issuance of the permit.

An ignition interlock device is connected to a car’s ignition system. The driver must breathe into a tube connected to the device. This breath sample is analyzed for alcohol content. If alcohol is detected, the car will not start. Once the car is started, the driver will be alerted periodically to breathe into the tube. Samples must remain free of alcohol to keep the car running.

If you obtain an IIDLP, your right to appeal the proposed suspension of your driver’s license is waived. To request an IIDLP, visit any DDS Customer Service Center to complete and submit a Limited Driving Permit Application (DDS Form 665A).

� Refusal: You must maintain the ignition interlock device and the IIDLP for a period of 1 year. The period of suspension and interlock requirement will not be impacted by the outcome of your criminal case for the DUI charge.

� Test Result above the Legal Limit: You must maintain the ignition interlock device and the IIDLP for a period of 4 months. That period of suspension and interlock requirement may be impacted by the outcome of your criminal case for the DUI charge.

We find many clients are confused by the fact that the typical DUI in this State ends up in two separate and very different courts. Most people are familiar with the regular criminal court and have a good idea about the issues involved there. Few people are acquainted with the other court, the Office of State Administrative Hearings (OSAH) where the court holds ALS hearings.

� Criminal Court: DUI proceedings in the criminal court are typically initiated by the State with one or more uniform traffic citation(s) (UTCs). In the criminal court, the central issue in cases is whether the person charged is guilty of the offense charged beyond a reasonable doubt. The accused in a criminal court has the right to have a jury listen to the


evidence and decide if they are convinced, beyond a reasonable doubt, of the accused's guilt. If they are so convinced, sentencing is up to the judge.

� OSAH: Proceedings in the OSAH are typically initiated when a police officer files a Department of Driver Services Form 1205. In the ALS hearing before the OSAH, the central issue in cases is whether the person charged should have his or her license suspended and for how long. Since there is no possibility of jail time or fines, the standards and procedures are much different than in criminal court and much less favorable to the accused.

The ALS Hearing date is set by the Office of State Administrative Hearings (OSAH) and is usually held within 30-45 days of receiving a request. The time of day can vary from early morning to evening. The location is not always in a courthouse and may not be in the exact jurisdiction of your criminal case because the ALS hearing is not directly connected to any hearing on the criminal charges. The judge makes all the decisions about the outcome of a case.

One of four things can happen if a hearing is requested:

� The 1205 petition is rescinded because the officer doesn't show up for the hearing.

� The officer withdraws the 1205 petition without any conditions.

� The officer withdraws the 1205 petition for a promise to plead guilty to DUI in the criminal court case.

� The case is tried before an Administrative Law Judge who decides to suspend licenses based on the burden of preponderance of the evidence (weight of the evidence), and not beyond a reasonable doubt as it would in a criminal case.

If the case is tried, the arresting officer must present his or her case, giving testimony and presenting proof that the petitioner did in fact refuse to take the test or tested at 0.08 or above. The petitioner’s attorney then cross-examines the officer to ensure that the officer followed proper procedures and that the arrest was, in fact, lawful. Any malfunction of the testing machine or flaw in a field sobriety test administered by the officer could be revealed, which may result in the license suspension being rescinded. We usually avoid this fourth option because our experience has shown that the judge’s decision is rarely in favor of the petitioner.

The judge usually issues a decision within 10 days of the hearing.


Investigation

After your initial interview and after you have retained our services, we thoroughly investigate your case and gather all pertinent information that will aid in your defense:

� Incident and supplement police reports

� Video of your arrest

� Video of your test at the police station

� Dispatch reports

� Intoxylizer maintenance records and user logs

� Witness statements

� Performance and training record of your arresting officer

� Various other reports and files

Defense Strategy Meetings

After the evidence has been gathered and analyzed by our expert team, you will meet with your attorney. Several things will take place at this meeting.

� Review and discuss the findings of the investigation with you so that you completely understand the facts surrounding your case

� Recommend the best defense for your case

� Map out the defense strategy that will give you the best possible outcome

� Decide how you want to proceed

Accusations & Indictments

If you have been charged with a misdemeanor, your case involves an accusation process. The Solicitor’s Office (the prosecuting attorney) will draw an accusation formally charging you with an offense within the State Court System.

If you have been charged with a felony, your case involves an indictment process. Your case is usually assigned to an investigator in the District Attorney's Office. The investigator gathers information and interviews witnesses.


If the Assistant District Attorney believes there is enough evidence to move forward, the case is then presented to a Grand Jury, a panel of 20-24 jurors who determine whether there is probable cause to issue an indictment. The Grand Jury will either return a True Bill of Indictment (which occurs most of the time) or a No Bill (the charges will not be pursued).

Once a case is accused or indicted, it is placed on an Arraignment calendar.

Arraignment

In the hearing, the State will read charges against you in open court. You will have the opportunity to plead Guilty or Not Guilty. We will generally plead on your behalf in court or will waive arraignmet in advance. A waiver is simply a plea of not guilty formally filed with the court in advance. If arraignment is waived, the State will provide written notification of the charges against you.

Motions Research & Preparation

Your expert team prepares Motions, which are a legal means for protecting your rights and excluding evidence. Motions may lead to a dismissal of you case. Preliminary Motions are prepared at time of Arraignment and include, at a minimum, a demand that the State provide all evidence being used against you. While we are often able to obtain some evidence in our own investigation, this forces the prosecuting attorney to disclose evidence intended to be used against you and ensures that we are aware of and able to prepare for every aspect of your defense.

We usually file additional motions to address issues specific to events leading up to and during your arrest. These can include arguments against the admissability of evidence.

Motions Hearing

A hearing will be scheduled for attorneys on both sides to argue the Motions we have filed on your behalf. You will be required to attend with us along with the Prosecuting Attorney, the Arresting and Investigating Officer, and any Witnesses relevant to the Motions. Motions Hearings are either specially set or directly precede the beginning of a trial.

If the Motions Hearing results in a ruling favorable to you, the State may be forced to dismiss some or all of the charges against you.

Lafler-Frye Status Hearing

This status hearing usually only involves felony charges and can be scheduled by a judge to ensure that a defendant was properly informed and knowingly rejected


plea offers before going to trial. The charges and details of the plea offer will be read. The defendant will be asked to accept or reject the offer on the record. If accepted, the hearing could include entering a plea and resolution of the case; if rejected, the case will be placed on a trial calendar.

Plea Hearing

This is held for the defendant to enter a plea of Guilty or Nolo Contendere. Generally in this hearing, the defendant will read the charges, the maximum sentence for those charges, and the negotiated sentence. You will be reminded of your constitutional rights. The judge is given a brief statement of facts that support the charges. The judge may ask questions and can require the defendant to explain what took place.

If the judge accepts the sentencing recommendation, typically the case is finished. In some circumstances, the defendant enters a non-negotiated plea when they want to plead guilty but they do not agree with the prosecutor's recommendation and think the judge can give them something better, but this can be extremely risky for the defendant.

Calendar Call

If the Prosecuting Attorney does not dismiss the charges or allow you to plea to a lesser offense, your case will be placed on a Trial Calendar. You may be placed on call when your court date arrives. This keeps you from having to wait all day at the courthouse. You will need to be ready and available for us to contact you. Your judge will accept no excuse for your tardiness or absence on the day of Trial.

Some courts have a Calendar Call set to determine the readiness of both sides to proceed to trial.

Trial

The Trial portion of your case occurs when a satisfactory plea offer or dismissal of your charges cannot be worked out.

There are two types of trials; each with their own pros and cons. You and your lawyer will decide which is most likely to result in the best possible outcome. The primary difference between the


two trials is who hears your case and decides the verdict.

� In a Bench Trial, the judge hears arguments from Defense Counsel and the Prosecuting Attorney and is solely responsible for deciding the outcome.

� In a Jury Trial, your case will be argued in front of 6 of your peers in a misdemeanor case and 12 in a felony case.

The Prosecuting Attorney presents the State’s case first and has the burden to prove your guilt. Your lawyer will present your case last.

Witnesses will be called and evidence exhibited. Each side has an opportunity to question (cross-examine) each witness. Your team will meet with all expert and other defense witnesses prior to trial and will help prepare everyone for the type of questions they may be asked.

Closing arguments will be made by both sides. The judge then “charges” (explains the law and the responsibilities) the jury, and they deliberate the case until a verdict is reached. If a Bench Trial, the Judge renders the verdict.

Sentencing Hearing

If convicted and depending on the severity of charges, a judge may set sentencing for a separate hearing upon conclusion of the trial.

Motion for New Trial

If convicted, you can file a motion for new trial within 30 days of the sentencing order.

Appeal

If the motion for new trial is lost, you can file a notice of appeal with the Georgia Court of Appeals. This must be filed within 30 days of the ruling denying the Motion for New Trial or, if such a motion was not filed within 30 days of the sentencing order.


YOUR CONDUCT & ATTIRE IN COURT

Whenever you appear before a judge, jury, prosecutors or witnesses, your appearance and conduct will impact how they judge you.

You always want to make a favorable impression on those who may have influence in your case.

These guidelines will help you to make a favorable impression.

� Always be polite and courteous to anyone you encounter while in the courthouse. Everyone has ties to someone whose judgment of you may impact your case.

� Always be courteous and respectful to the judge, bailiffs, and all court personnel.

� Never speak unless advised to by the judge or your attorney. Let us speak on your behalf. If asked a question by the judge, always address the judge as Your Honor.

Important things to remember while in a courtroom or the vicinity of the court, including the parking lot and elevator:

� Pay particular attention to the question that is asked.

� Make sure you understand the question before you answer.

� Before you speak, formulate the answer in your mind.

� Never guess or speculate. Only answer the question if you are sure.

� Remember, there is nothing wrong with saying, “I don’t know.”

� Make sure you have fully answered the question. If you feel that the solicitor has interfered with your answer, ask the judge if you can explain further.


� If the solicitor is harassing you, being too forceful or isn’t allowing you to fully answer the questions, DO NOT argue with him or her. The judge or your lawyer will intervene.

� Always tell the truth. If you lie, it could damage the case and could even force the case to end in a conviction. You have to assume that the solicitor knows the truth.

� Make sure you speak loudly and clearly. Your responses are being recorded and, therefore, must be heard. You cannot nod or shrug in lieu of a verbal response.

How you appear in court is just as important as how you act. A good rule of thumb is to dress as if you were attending a job interview.

Men should wear:

� Dress slacks with belt

� Dress shirt

� Blazer

� Tie

Men should never wear:

� Hats

� Tank tops

� Jeans

� Shorts

� t-Shirts

� Clothes of any kind with inappropriate writing or symbols.


Women should wear:

� Dresses or skirts that are knee length or longer

� Nice, high-cut blouse that covers the midsection and shoulders

� Dress slacks

Women should never wear:

� Shorts

� Short skirts or dresses

� Revealing blouses

� Blue jeans.

� Pants that rest below the hips

� Expensive jewelry or large amounts of jewelry


DUI PENALTIES

Penalties for Those 21 or Older

A blood alcohol content of 0.08% or higher is considered DUI for drivers aged 21 or older. The following table summarizes standard penalties for those charged with a DUI who are 21 years of age or older.

First Offense within 10 Years Second Offense within 10 Years

� A fine of $300–$1,000

� 10 days up to 12 months in jail (At the Judge’s discretion, all but 24 hours may be suspended.)

� 40 hours of community service

� Alcohol & Drug Evaluation and recommended treatment (may be waived by court)

� Loss of license for 1 year (Most drivers are eligible for an Affidavit of First DUI Conviction, which al-lows you to drive on a 120-day lim-ited permit. At the end of 120 days, with completion of the Driver’s Risk Reduction Program, your regu-lar license can be re-instated.)

� A fine of $600–$1,000

� 90 days up to 12 months in jail (At the Judge’s discretion, all but 72 hours may be suspended.)


� Alcohol & Drug Evaluation and rec-ommended treatment (may be waived by court)

� Loss of license for 3 years (There is no reinstatement for 18 months, 12-month hard suspension and 6-month limited permit with installa-tion of an Ignition Interlock device and completion of the Driver’s Risk Reduction Program.)

� Must pay for photo to be published in a legal newspaper

� Surrender license plate


Third Offense within 10 Years Fourth Offense within 10 Years

� A fine of $1,000–$5,000

� 120 days up to 12 months in jail (At the Judge’s discretion, all but 15 days may be suspended.)


� Alcohol & Drug Evaluation and rec-ommended treatment (may be waived by court)

� Deemed a habitual violator (HV) with license revoked for 5 years (A limited permit may be issued after 2 years upon completing of the Driver’s Risk Reduction Program, obtaining SR-22 insurance, and in-stalling an Ignition Interlock de-vice.)

� Must pay for photo and case sum-mary to be published in a legal newspaper

� Surrender license plate (Family can apply for special HV tag.)

Any driving offense if the driver has been declared a habitual violator.

� A felony conviction

� Fines up to $100,000

� Minimum of 1–5 years in a state penitentiary

Penalties for Those Under 21

Since July 1, 1997, the Teenage and Adult Driver Responsibility Act established Zero tolerance as the DUI standard for drivers between the ages of 15 and 21. A blood alcohol content of 0.02% or higher is considered under the influence for drivers under the age of 21.

The table on the following page summarizes standard penalties for those charged with a DUI who are under 21 years of age.


Blood Alcohol Content of 0.02% through 0.07%

First Offense Second Offense

� Loss of license for 6 months, with no re-instatement prior to the end of the revocation period

� Complete the Driver’s Risk Reduction Program

� No nolo contendere plea � 20 hours of community service to begin

within 60 days of sentencing � Re-take driver’s test � Loss of ability to obtain next Graduated

License for 12 months

� Loss of license for 12 months, with no re-instatement prior to the end of the revocation period

� Complete the Driver’s Risk Reduction Program

� No nolo contendere plea � 40 hours of community service to begin

within 60 days of sentencing � Re-take driver’s test � Loss of ability to obtain next Graduated

License for 12 months

Blood Alcohol Content of 0.08% or Higher

First Offense Second Offense

� Penalties are the same as they are for First Offense with Blood Alcohol Con-tent of 0.02% to 0.07% except:

– Loss of license for 12 months, with no re-instatement prior to the end of the revocation period

– Mandatory 24-hour jail term to be served upon conviction*

� Penalties are the same as they are for Second Offense with Blood Alcohol Content of 0.02% to 0.07% except:

– Mandatory 24-hour jail term to be served upon conviction*

If the offender is under the jurisdiction of the Juvenile Court due to age, the sentence will be served at a Youth Development Center if one is available in the offender’s county of residence. If one is not available, then the sentence will be served in the custody of the Sheriff. In all cases, the offender will be separated from the main prison population.


COMMON SENTENCE &

DIVERSION CONDITIONS

Sentence conditions usually must be met following disposition of your case if you pled or were found guilty or upon entering a pre-trial diversion program. We have outlined instructions for conditions most commonly mandated by the Georgia court system.

Incarceration & Probation

You will usually receive credit for time already served at the time of your arrest. Any remaining mandated jail time will be served when your case is disposed. In some circumstances we can schedule your time in advance and/or to be served only on weekends. We strive to have the balance of your time probated. Probation usually starts in person on a monthly basis. We can sometimes arrange for you to check in by phone or mail, especially if you live out of state. Once you have met all conditions of your sentence, you may be placed on non-reporting status at the discretion of the Judge and your Probation Officer; that is, you would no longer need to report in any way to your Probation Officer.

While on reporting status, you will need to pay monthly probation fees, which vary by jurisdiction, usually no more than $50/month. Please remember to provide original documentation of all conditions as they are met, such as verification of Community Service, certificate of completion of Driver’s Risk Reduction Program, and original signed Alcohol & Drug Evaluation.

Probation conditions often include random screens for alcohol and drug intake. Testing can begin as soon as the day your case is disposed. It is therefore especially important that you refrain from the use of alcohol and drugs (not taken as prescribed and with documentation from your prescribing physician) as your final court date approaches and while on probation. Remember that some drugs can remain in your system for as long as 90 days.

Payment of Fines & Court Costs

Payment of fines and any associated court cost is due upon disposition of your case; most courts will allow you to make payment arrangements as part of your probation if you prefer to spread this cost over time.


Community Service

Judges often require the completion of a specified number of hours of community service. This should be done at a non-profit agency designated by the IRS as a 501(c)(3) organization. The following list will give you some ideas:

� American Red Cross

� Atlanta Community Food Bank

� Atlanta Jewish Community Center

� Bible Missions Thrift Center

� Boys & Girls Clubs of Metro Atlanta

� Chastain Park Recreation Department

� Children’s Museum

� Doraville Animal Control

� Evedrum Art and Music Gallery

� Fernbank Museum of Natural History

� Fulton County Fire Department

� Goodwill Industries

� Habitat for Humanity

� Hands-On Atlanta

� Humane Society

� Jimmy Carter Library Museum

� Must-Marietta

� Park Pride Atlanta

� Roswell Recycling Center

� United Way

� YMCA

� YWCA

You need to have the non-profit organization provide a letter on their letterhead documenting your hours. We recommend letting your Probation Officer know in advance where you plan to do your community service, as some courts require that service be performed within their city or county limits or may have other restrictions.


Driver’s Risk Reduction Program

This is a weekend and one evening class. The following link from the Department of Driver Services website lists all certified programs within Georgia to help you locate one near your work or home.

http://www.dds.ga.gov/dui/schoolmatrix.aspx

Alcohol & Drug Evaluation

You may have to complete an Alcohol & Drug Evaluation with a state-certified evaluator as well as any treatment recommended in their evaluation. We have found that the following two evaluators have been very balanced in their approach with previous clients: Larry Nolting (770-988-8333) and Scott Dunbar (678-773-1975).

MADD Victim Impact Panel

In many jurisdictions, Judges require participation in a Mothers Against Drunk Drivers (MADD) Victim Impact Panel for DUI convictions. The following link provides location and scheduling information for Victim Impact Panels in Georgia:

https://www.maddvip.org/

DUI & Drug Court Programs

County courts in Georgia have special court programs for drug-related crimes and DUIs (second and more offenses). These programs have lengthy and detailed program requirements. We will make sure you get an up-to-date handbook for your program.

Family Violence Intervention Programs

The link below provides a list of all Family Violence Intervention Programs certified in the State of Georgia by county.

https://gcfv.georgia.gov/locations/certified-family-violence-intervention-program

Other Programs

Other programs may be required such as Anger Management or Shoplifting Classes. We will assist you in finding a certified provider if you are asked to complete any other program.


IMPACT ON YOUR DRIVER’S LICENSE

There are many offenses in the State of Georgia that can impact your driving privileges, including DUIs, serious or numerous traffic violations, and drug-related charges. There are three ways one can lose driving privileges:

� Suspension

� Revocation

� Cancelation

License Suspension

When your license is suspended, your driving privilege is temporarily withdrawn for a period of time. At the expiration of the suspension period, you may apply for a license once you satisfy the requirements.

Your license will be suspended for a conviction of any of the following offenses in Georgia:

� Homicide by vehicle

� Driving under the influence of alcohol or drugs (including refusing to take a chemical test for intoxication)

� Using a motor vehicle in the commission of a felony

� Using a motor vehicle in fleeing or attempting to elude an officer

� Fraudulent or fictitious use of, or application for, a license

� Hit and run or leaving the scene of an accident

� Racing

� Operating a motor vehicle with a revoked, canceled, or suspended registration

� Driving without insurance


� Driving while license is suspended, revoked, or canceled

� Failing to appear in court or respond to a citation

� Being convicted of possession, distribution, manufacture, cultivation, sale or transfer of a controlled substance

License Revocation

When your license is revoked your driving privileges are withdrawn until the end of the period of time prescribed by the formal action of the Department of Driver Services. At the expiration of the revocation period and once you have satisfied all requirements, you may apply for a new license.

Your license will be revoked in Georgia, if you are convicted of one of the following:

� Any third conviction of a mandatory suspendable offense within 5 years (You would be declared a habitual violator with a 5-year revocation.)

� Refusal to submit to a re-examination of driving skills or knowledge of driving rules after receiving notice

� Sufficient evidence of incompetence or unfitness to drive due to incapability by reason of disease, mental or physical disability, or alcohol or drug addiction

License Cancellation

The Department of Driver Services is authorized to cancel your license if you fail to give required or correct information in your application or if you are otherwise ineligible. You may reapply once you satisfy the requirements.

First DUI Conviction Court Affidavit

Upon a conviction of a first DUI, a limited driving permit may be issued immediately by presenting the affidavit (example below) to a valid Driver’s License Branch and by paying the permit fee.

Note: The Affidavit does not give you permission to drive. You must arrange for transportation to the License Branch and until you receive the Limited Driving Permit.


Ignition Interlock Alcohol Detection Device

In 1999, the Georgia General Assembly passed “Heidi’s Law,” requiring all trial courts to impose the installation of an Ignition Interlock Device upon the autos of all offenders convicted of second DUI offense within 5 years. In rare circumstances, a court may require an Ignition Interlock even if it is not a second offense.

After sentencing, an Ignition Interlock Permit must be obtained from the DDS stating restrictions on the licensee. The device is installed by an approved agency and must remain in place for a maximum of six months (the exact time shall be decided by the judge).

Note: The DDS is required to note on the driving record and on the offender’s driver’s license that the use of the interlock is mandatory.

The interlock is an alcohol detection device connected to the ignition system. Each time the auto is started, the driver must first blow into the handset to test for alcohol on the breath. If there is alcohol present, the car will not start.

There are random retests during the operation of the vehicle and any sign of alcohol will cause the horn and lights to activate until the car is stopped. It will then be rendered inoperable.

The program requires periodic reporting to the agency supplying the device so that the unit can be tested and progress reports can be forwarded to the court.

Obtaining a Limited Driving Permit

You may be eligible for a Limited Driving Permit if your license has been suspended due to:

� A first DUI conviction or

� A point-related suspension.

Limited Driving Permits are valid only in the State of Georgia and may be used to:

� Go to your place of employment or performing the normal duties of your occupation

� Acquire prescribed medical attention or obtain prescribed drugs


� Attend classes at a college or other regularly scheduled school in which you are enrolled

� Attend driver’s education or court-ordered assessment and treatment programs

� Going to and from Ignition Interlock centers

� Meet conditions of your sentence (for example, going to probation)

DDS specifies places you may travel to, specific routes of travel, times of travel, specific vehicles or other restrictions.

Limited permits are non-renewable and become invalid on the expiration date.

Upon the conviction of a second DUI, you may apply for and be issued an Ignition Interlock Device limited driving permit at the end of 12 months after the suspension of the driver's license.

To be eligible for an Interlock permit the licensee must submit

� Proof of completion of DUI alcohol or drug risk reduction program

� Clinical evaluation

� Enrollment in treatment or completion of treatment, if required by evaluation

At the end of the 6-month ignition interlock device limited driving permit, a driver may apply for reinstatement of driver's license upon payment of the proper fee.

DDS Service Center Locations

Driver's License Offices are open Tuesday through Friday from 7:30 am – 6:30 pm and Saturday from 7:30 am – noon. Tuesdays are typically their busiest day.

http://www.dds.ga.gov/locations/locationlist.aspx

Identification & Proof of Residence

In response to more stringent immigration controls, state agencies have recently changed what forms of identification and proof of residence will be accepted for license renewal and re-instatement.

http://www.dds.ga.gov/secureid/


License Reinstatement

Once conditions have been met for license re-instatement, you can take original documentation, payment for re-instatement fee, and identification to the Department of Driver Services. Documentation required could include your completion certificate for Driver’s Risk Reduction, a form from a court showing that suspension has been lifted, etc. Links are provided below.

� Mail Documentation & Payments: A discount is given to most reinstatement categories when paid online or by mail to The Department

of Driver Services (DDS),Validation Unit,P.O. Box 80447,Conyers, Georgia 30013. Enclose either

– (a) Official Notice of Suspension sent by DDS (which includes the court name, disposition and violation date) or

– (b) The full name, date of birth, driver's license number, address and social security number. Providing the correct information is very important and will allow DDS to quickly match the payment received with the correct driving record

– Include any/all documentation such as a Driver’s Risk Reduction Completion Certificate and payment in full payable to Georgia Department of Driver Services (DDS) by personal or cashier’s check, money order, or card with a completed Credit Card Authorization Form

� In Person Documentation & Payments: Bring identification, all reinstatement documents with you such as the Official Notice of Suspension sent to you by the DDS, any/all documentation such as a Driver’s Risk Reduction Completion Certificate, and means to pay in full by cash, check pre-printed with your name and address, or debit/credit card.

The table below shows reinstatement fees.

Reinstatement Fee Mail In

Person Child Support Non-Compliance $25.00 $35.00

DUI (First Offense for Age 21 and Over) $200.00 $210.00

Failure to Appear (FTA) $90.00 $100.00

No Proof of Insurance (First Offense) $200.00 $210.00

No Proof of Insurance (Second/More) $300.00 $310.00

Points Violation (First Offense) $200.00 $210.00

Points Violation (Second Offense) $300.00 $310.00

Points Violation (Third Offense) $400.00 $410.00

Points Violation (Third Offense) $400.00 $410.00

Super Speeder (not including $200.00 Super Speeder Fee) $50.00 $50.00


The Georgia Point System

Point penalties can range from 2 to 6 points. A driver with 15 points in a 24-month period will be suspended.

Points are assessed for each conviction pursuant to OCGA §40-5-57(c)(1)(A). The State assesses no points for speeding less than 15 miles per hour over the posted speed limit or for convictions of driving Too Fast for Conditions. No points are assessed against drivers who are residents of other states.

The table on the following page shows points assessed for conviction of different traffic violations.

Code Traffic Violation Points

§40-6-397 Aggressive Driving 6

§40-6-390 Reckless Driving 4

§40-6-163 Unlawful Passing School Bus 6

§40-6-45 Improper Passing on Hill or Curve 4

§40-6-181 Speeding:

15 to 18 mph over speed limit 2



34 mph or more over speed limit 6

§40-6-20 Failure to Obey Traffic-Control Device 3

§40-6-2 Failure to Obey Police Officer 3

§40-6-253 Possessing an Open Container of an Alcoholic Beverage while Driving

2

§40-6-248.1

Failure to Adequately Secure Load (except fresh farm produce), resulting in an Accident

2

§40-8-76 Violation of Child Safety Restraint (1st Offense) 1

Violation of Child Safety Restraint (2nd or Subse-quent Offense)

2

§40-6-241.1

Violation of usage of wireless telecommunication device requirements

1

§40-6-241.2

Operating a Vehicle while Text Messaging 1

§40-6-54 Improper Use of Designated Travel Lane - 4th or Subsequent Offense

1

All Other Moving Violations 3


OUR LAWYERS & STAFF

We work as a team, bringing each person’s expertise and strengths to every case. Below is a brief overview of our defense team members along with a photograph to help you recognize someone you may have met only by phone.

Don Turner, Founding Partner

Don has been practicing law for 40 years. During that time, he has built extensive relationships within the legal communities throughout northern Georgia. He has successfully defended thousands of clients facing criminal charges, including trying hundreds of cases in municipal, state, superior, and federal court systems.

Don is a Founding Member of the National College for DUI Defense. He is also a member of the National Association of Criminal Defense Lawyers, Georgia Association of Criminal Defense Lawyers, DUI Defense Lawyers Association, Top 100 DUI Attorneys in the State of Georgia, the Georgia Chapter of Defense of Drinking Drivers. He is NHTSA-certified in field sobriety testing and Intoxilyzer breath-testing devices.

Prior to his legal career, Don was an offensive lineman for the NFL with the Atlanta Falcons and New York Jets. He brings the NFL themes of discipline, teamwork, exceptional performance, and the love of winning when working for his clients and managing his firm. He fights aggressively for the rights of his clients. His extensive post-graduate work in counseling and psychology gave him an understanding of people—clients, judges, prosecutors—and better enabling him to obtain the best legal outcomes for his clients.

Nicholas (Nick) Satriano, Senior Associate

Nick brings over 30 years of experience in complex litigation and criminal law. He served as an Assistant District Attorney in one of the toughest districts in New York prosecuting defendants accused of felony charges through trial and verdict. He investigated and prosecuted individuals suspected and accused of homicide and homicide-related incidents.


Nick is also experienced in all phases of practice with emphasis on civil litigation, including cases involving general liability, product liability, trucking and transportation, catastrophic injury, premises liability, construction accidents, negligent security, and medical malpractice. He has negotiated multi-million dollar settlements in Court and at Mediations.

Nick is currently a Colonel in the United States Army Reserve and has been a member of the United States Army, Judge Advocate General’s Corps for 27 years. As such, he has represented service members as defense counsel at Courts Martial and administrative separation boards for offenses committed under the Uniform Code of Military Justice and related regulations.

Nick’s background gives him remarkable insight into the strategies and tactics of opposing counsel and unique perspectives in developing our team’s approach to criminal and civil cases. His knowledge, expertise and emphasis consistently benefit clients and achieve favorable results. His focus is to build relationships and use his law degree to effectuate positive change in the legal arena for his clients.

Lisanne Edelman, Associate

Lisanne began working with the Don Turner Legal Team in 2016 during her last year of law school. She is originally from The Netherlands and moved here with her family in 2001. She earned her Bachelor’s degree from Oglethorpe University in 2014 and was a member of their Varsity soccer team for 4 years.

After graduating from Oglethorpe University, Lisanne enrolled in Atlanta’s John Marshall Law School. During her 3 years of law school, she was a member of the Criminal Justice Honors Program, President of the Criminal Law Society, a Peer Mentor to younger students, an ambassador for the school through the Office of Admissions, a recipient of the Andy Crawford Scholarship for academic merit, an intern with the Fulton County Metro Conflict Defender’s Office, and an active participant in Moot Court competitions as a member of the Advocacy Board.

In May 2017, Lisanne graduated from Atlanta’s John Marshall Law School with Latin Honors, and she finished her law school career in the top 10 of her class. During the graduation ceremony, she received an award for Excellence in Appellate Advocacy and was recognized for Pro Bono Distinction due to her work with the Fulton County Metro Conflict Defender’s Office.

Lisanne successfully took the Georgia Bar Exam in July 2017. She is now an active member of the Superior Court of Georgia Bar as well as the Supreme Court of Georgia Bar. She has gotten off to a remarkable start as an Associate with the Don Turner Legal Team.


Ashley Sampson, Firm Administrator

Ashley Sampson is our Firm Administrator. She joined us in April 2015 with vast experience in customer service and office management. She is attentive to detail, well organized, and can handle multiple cases and projects at one time. She coordinates our court calendar and assists attorneys with case management. Her interpersonal skills bring value to her work with clients and in resolving issues with the numerous parties involved in a case.

Ashley was born and raised in Atlanta, Georgia, and graduated from Ashford University in April 2015 with her Bachelor's Degree in Business Leadership. She currently resides in Woodstock with her husband, Nate. She is excited to be a part of the Don Turner Legal Team and we are very lucky to have her!

Audrey Hoge, Case Manager & Marketing Director

Audrey’s responsibilities include assisting clients with any questions or concerns you may have, supporting all stages of investigation and case work, ensuring excellent client service, and fostering relationships with court personnel. Before entering the legal profession 12 years ago, she was a technical writer and consultant in strategic planning

If you or a loved one is in trouble,we’re here to help.

Don Turner Legal Team1161 Grimes Bridge Road, Building B

Roswell, GA 30076

770-594-1777

donturnerlegalteam.com

CRIMINAL & DUI CLIENT HANDBOOK€¦ · are experienced at successfully handling cases involving all...

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