Marietta DUI Lawyer

William C. Head, PC is a Marietta drunk driving injury law firm. We defend people accused of driving under the influence in Cobb County, including the crash cases where someone was seriously hurt. Marietta GA DUI lawyer Bubba Head has defended drunk driving cases in Cobb County courts for more than 40 years. The judges, prosecutors, and defense attorneys there know his work.

Mr. Head and his law partners, Larry Kohn and Cory Yager, appear regularly in multiple courts. They handle felony DUI cases in Cobb Superior Court. They also appear in Cobb State Court for misdemeanor cases. The team represents clients in Cobb Magistrate Court for search warrant requests, preliminary hearings, and bond hearings. The firm also defends young clients aged 16 and under in Cobb Juvenile Court. Finally, they appear before the Georgia Office of State Administrative Hearings.

Our Marietta DUI Attorneys Are All Super Lawyers

All three partners have been recognized by Super Lawyers. Mr. Head and Mr. Kohn hold the Super Lawyers designation. Mr. Yager has been named a Super Lawyers Rising Star.

All three criminal defense attorneys defend clients in the six Cobb County municipal courts. Each partner works hard to find every way to resolve a criminal case. Their goal is to keep a DUI conviction off your record.

The six Cobb County Municipal Court locations are:

• Marietta Municipal Court (Marietta traffic court)
• Smyrna Municipal Court
• Kennesaw Municipal Court
• Acworth Municipal Court
• Powder Springs Municipal Court
• Austell Municipal Court

A Marietta DUI Case Starts in Either Marietta Municipal Court or Cobb County State Court

Many people get arrested for DUI in unincorporated Cobb County, Georgia. These cases begin in the State Court of Cobb County. The courthouse is located downtown in Marietta, diagonally across from the Strand Theatre.

Our Marietta DUI law firm has an office near Marietta Square:

Address: 55 Atlanta Street SE, Suite 400, Marietta, GA 30060

Phone: (888) 274-6288

Misdemeanor DUI arrests made within the City of Marietta by Marietta Police start in Marietta Municipal Court. An occasional Georgia State Patrol case also begins here. This municipal court is less than one quarter mile northeast of Marietta Square. It shares a building with Marietta Police Headquarters. Our guide to what happens at Marietta Municipal Court for a DUI walks through that court's calendar step by step.

DUI lawyers with experience in Cobb traffic court know two key advantages come from being arrested inside Marietta city limits.

First, you get two chances to find a non-DUI resolution. Separate prosecutors and judges work in the two courts. You can explore a possible reckless driving charge in Marietta Municipal Court.

Second, and more important, having two courts gives you more options. This advantage is covered below.

Do Not Forget the Administrative License Appeal – DDS Form 1205

Almost every Georgia drunk driving arrest brings an administrative license suspension appeal. Look for your Form 1205. That paper replaces your license and works as a temporary one.

You must appeal within 30 days.

Your DUI attorney should have asked you about this right away. They should help you file this DDS appeal properly. The filing fee is $150.

A late filing can be costly. If you refused the chemical test, a late filing can cost you one full year without a license.

All Cobb County DUI administrative court cases are heard in the same courtroom as Marietta Municipal Court cases. They are held at different times and dates.

Ignition Interlock Option – Effective July 1, 2017

Georgia DUI law now lets you install an ignition interlock device on your vehicle instead of filing an appeal. You must apply to Georgia DDS within 30 days of the implied consent notice. You also have to surrender your license and sign an affidavit waiving the suspension hearing. An approved device then has to be installed before the permit does you any good.

The permit itself runs for one year. Georgia law lifts the interlock restriction only after twelve months of successful monitoring. That is the same whether you submitted to testing or refused it.

So plan on finishing the monitoring period once you start it. The restriction comes off on the twelve-month schedule, not on the day your criminal case ends.

Who cannot use the ignition interlock option:

• Drivers under 21 years of age
• Commercial driver's license holders
• Anyone with a prior DUI conviction in the past five years
• Drivers not currently licensed in Georgia
• Drivers whose suspension comes from a crash that caused serious injuries or a death

What happens if you take no action within 30 calendar days:

If you take no action, your Georgia license will be suspended. If you submitted to testing and the result was over the limit, a first suspension runs one year. You may ask DDS to reinstate it after 30 days. First you have to finish a Risk Reduction Program and pay the restoration fee.

If you refused the chemical test, your driving privileges are suspended for one year. That refusal suspension does not carry the early reinstatement terms that apply to a test-result suspension.

Cobb County State Court Is a Court of Record, so a Jury Trial Is Available

The second major advantage to being arrested in Marietta Municipal Court is the right to a jury trial. Your attorney will recommend this option if your DUI cannot be resolved with a reckless driving deal.

In DUI misdemeanor cases, a 6-person jury decides your case. In DUI felony cases, like serious injury by vehicle, the trial is in Superior Court. There a 12-person jury decides any felony DUI case.

Hiring an attorney who concentrates on DUI defense is critical. A lawyer who tries these cases regularly knows where the State's proof tends to break down.

Jury Trials Are Available on Every Misdemeanor DUI in Cobb County State Court

Cobb County State Court is the misdemeanor jury trial court for Cobb County. It is also known as the State Court of Cobb County GA or "Cobb State Court."

A municipal court case that cannot be settled without a guilty plea gets moved to the State Court of Cobb County. A 6-person jury trial is then available.

In cases handled by Marietta DUI lawyers at our office, we start in Marietta Municipal Court. Our goal is to get a fair, non-DUI deal for our client. If no favorable resolution is available, we transfer the case to Cobb State Court.

Drunk driving and other misdemeanor traffic charges can be tried to a jury in the State Court of Cobb County. A lawyer from our firm tries the case. Six Cobb County residents then decide it.

All three partners know the Cobb County criminal courts well. They know the trial rules and the habits of the judges who sit there. That helps our clients know what to expect.

We provide detailed information about all three partners during your free professional case assessment.

We Fight Misdemeanor and Felony Cases in Cobb County, GA

Bubba Head is an experienced criminal defense attorney in Marietta. His law partners include Larry Kohn and Cory Yager, an ex-police officer from Cobb County Police Department who attended law school. All three are Super Lawyers known for fighting DUI cases and other criminal defense matters.

Our Marietta DUI lawyer firm handles many types of cases. These include:

Misdemeanor cases in Cobb County State Court:

• DUI drugs and DUI alcohol

Felony drug cases in Cobb County Superior Court:

• Possession of drugs
• Possession with intent to distribute
• Drug trafficking
• Possession of more than one ounce of marijuana is a felony in Georgia

Other felonies in Cobb County Superior Court:

• Embezzlement
• Fraud
• Theft
• Domestic battery
• Stalking

For over four decades, Georgia criminal defense attorney Bubba Head has defended clients facing criminal charges across Georgia. His clients include citizens charged with misdemeanor DUI, felony DUI, and DUI drugs. He also handles marijuana possession and drunk driving with a child in the car. His work covers vehicular homicide, serious bodily injury by vehicle, hit and run, and family violence offenses.

Repeat DUI offenders call our firm regularly. Citizens facing a 2nd DUI, 3rd DUI, or 4th DUI offense are common clients. People contact us even if they had a public defender or a less experienced lawyer on their first DUI charge.

Several DUI-related charges carry felony consequences in Cobb Superior Court. Under Georgia's DUI statute, a fourth or later conviction within ten years is a felony. That means state prison time. Misdemeanor cases carry county jail sentences instead.

Serious injury by vehicle is another felony our firm regularly defends. The charge applies when a DUI-related crash causes bodily harm as the statute defines that term. A conviction carries one to 15 years in prison.

First-degree vehicular homicide – what Georgia law calls homicide by vehicle in the first degree – is among the most serious DUI-related charges in this state. A conviction carries three to 15 years in prison. When a DUI collision results in a fatality, prosecutors in Cobb County may pursue this felony charge in Superior Court. Our firm also defends habitual violator cases. Each of these charges demands an aggressive defense strategy from attorneys who know Cobb Superior Court procedures.

Jury Trials Only Occur in Cobb State Court or Cobb Superior Court

Cobb State Court handles all DUI misdemeanor cases from unincorporated Cobb County. Cases transferred from Cobb County municipal courts also go to Cobb State Court for jury trials. This is true except for DUI felonies and vehicular homicide.

State Court of Cobb County processes all misdemeanor criminal cases not filed in one of the six municipalities. For DUI cases that require a jury trial, State Court is where misdemeanors receive jury trials.

A repeat offender who wants into the Cobb County DUI Court program has to transfer out of municipal court. State Court is where you go to trial, work out a plea, enter DUI Court, and argue pretrial motions.

Georgia's Constitution prevents State Courts from hearing felony criminal matters. So Cobb Superior Court handles all felony criminal cases. This includes all jury trials or bench trials for felonies.

Our criminal defense attorneys handle various felony charges each month. The majority are drug or alcohol-related cases, like felony homicide by vehicle while driving under the influence.

Excluding Police Evidence Wins DUI Cases

The most important police evidence is usually the breathalyzer result. Blood test results for drugs or alcohol matter just as much. Police video of your speech, balance, driving, and manner is also key evidence. This includes any field sobriety tests.

The police video should show the officer reading you the Georgia implied consent law advisement. A Marietta police car dash cam or body cam probably captured your whole encounter. This includes your manner of speech and any bad driving that occurred before the stop.

Do not worry about a high breathalyzer number or poor performance on field sobriety tests. These tests include the DUI eye test or HGN test, the walk and turn, or the one-leg stand.

Marietta DUI attorney Bubba Head has handled many DUI cases with potentially damaging police evidence. He has still been able to negotiate charge reductions or win at trial. In many cases, the HGN test has been excluded by pre-trial motion. An alcohol breath test on the Intoxilyzer 9000 was excluded due to a Georgia implied consent law violation.

Talk to Marietta DUI lawyer Bubba Head before doing anything else. Learn more about how to beat a Cobb County DUI. His free professional consultation is worth your time.

If you need an experienced criminal attorney, consider Mr. Head or one of his partners as your DUI lawyer in Marietta GA. Read below for more about the credentials of all three DUI attorney partners.

Marietta Drunk Driving Injury and Accident DUI Defense

When a DUI arrest in Marietta also involves a traffic accident, the stakes rise sharply. A standard misdemeanor DUI charge can become a felony. The outcome depends on the severity of injuries or whether a fatality occurred.

Under Georgia law, causing bodily harm while violating the DUI statute is the felony offense of serious injury by vehicle. The charge carries one to 15 years in prison.

If a collision results in a death, prosecutors may pursue first-degree vehicular homicide. Both felonies are handled in Cobb Superior Court rather than State Court.

Defending a drunk driving injury case requires a different approach than a routine misdemeanor DUI. Evidence preservation from the crash scene is critical. The Georgia State Patrol's Specialized Collision Reconstruction Team often works crashes with serious injuries or a death. Their findings can shape the prosecution's entire case.

An effective defense examines the link between alleged impairment and the collision itself. Road conditions, mechanical failures, and the other driver's actions may all be relevant factors.

Blood testing raises unique issues in injury DUI cases. Under Georgia's implied consent law, officers may request chemical testing when a traffic accident results in serious injuries or fatalities. Hospital blood draws involve chain of custody questions that differ from standard breathalyzer cases. Medical records, emergency room protocols, and the timing of blood collection all present possible challenges.

As a Marietta drunk driving injury law firm, we defend the accused driver. That means both the criminal case and the administrative license suspension that follows a DUI arrest. We do not bring injury claims for crash victims. A client who also faces a civil suit may need separate personal injury counsel.

If you or a family member faces charges after a Cobb County crash, talk to a defense lawyer right away. Every case is different. The outcome depends on the specific facts and circumstances of the collision.

Do You Need a Marietta Criminal Defense Attorney?

People arrested in Marietta for drunk driving come to our office with one question. How do I beat this charge?

You are speaking to three skilled Marietta DUI lawyers when you talk to our DUI attorneys. All three have written for Thomson-West Publishing, a national legal publisher.

Mr. Head is a co-author of The Georgia DUI Trial Practice Manual. The book runs more than 1,200 pages. Lawyers, prosecutors, and judges use it. It has been in print since 1995.

In 2016, both Cory Yager and Larry Kohn wrote chapters on how to beat a DUI. They wrote for Thomson-West subsidiary Aspatore Publishing. Their chapters cover strategies for defending DUI cases in Georgia.

Most practicing attorneys in Marietta, GA do not practice criminal law. American jurisprudence separates into "civil" cases and "criminal" cases. Civil cases are non-criminal. Criminal cases involve crimes or violations of state, federal, or local law. Most Marietta lawyers do not accept criminal law cases.

Fewer still limit their practice to drunk driving defense. Marietta DUI lawyer Bubba Head is one of the attorneys who does.

Find a Criminal Justice Attorney With Both the Knowledge and the Guts to Fight

When you search for a criminal defense attorney familiar with Marietta, GA criminal courts, remember this fact. Some Cobb County lawyers only accept felony cases. Others only handle misdemeanor or traffic cases. Some do both.

Our DUI lawyer law firm has offices in Atlanta, Sandy Springs, and Marietta. We handle all categories of criminal cases. We also handle related matters like administrative license suspension, probation violation, and failure to appear legal issues.

DUI defense is our specialty criminal practice area. Our criminal lawyers cover Cobb County Superior Court for felony cases. They also cover Cobb County State Court for misdemeanor cases. We appear in all other local criminal courts including Magistrate's Court, Marietta Municipal Court, and the other Cobb County municipal courts.

What our criminal lawyers offer is:

• Experience
• Credentials in DUI defense and trial practice
• Proven ability to negotiate your best plea offer or take your case to trial and win

DUI Lawyers in Marietta GA – Attorney Reviews

For a free analysis of your criminal charges under Georgia DUI laws, complete our online case evaluation form or call 404-567-5515.

Here are the reviews and ratings for the lawyers at our firm:

William C. "Bubba" Head, Board Certified in DUI Defense

Mr. Head is board certified in DUI defense. He has 40 years of criminal defense experience. More than 200 appellate cases are to his credit. He has written on DUI law for over 25 years.

As mentioned above, Mr. Head originally wrote and still co-authors the top treatise on Georgia DUI law. He has done so for over 20 years.

Martindale-Hubbell has rated Mr. Head 5.0 out of 5.0 for ethics and competence for over two decades.

Mr. Head has been listed for DUI defense in the Best Lawyers in America directory.

Mr. Head has been honored twice with the "DUI Attorney of the Year in Georgia" award. He received this award for 2012 and 2017 from BestLawyers.com.

William C. Head was named to the Georgia Super Lawyers list each year from 2004 through 2017.

Lawrence A. (Larry) Kohn, Georgia DUI Attorney

Mr. Kohn is in his eighteenth year of drunk driving defense in Georgia. He was named to the 2017 Super Lawyers list. He began working for Mr. Head after his first year in law school. He has over 300 five-star ratings on AVVO.com.

Cory E. Yager, Georgia DUI Lawyer

Mr. Yager is in his ninth year as a criminal defense lawyer. Before that he spent nine years as a Georgia police officer. He began as a Cobb County police officer, patrolling Marietta and Cobb County. He then moved to the Roswell Police Department so he could attend law school and keep a regular duty schedule.

Mr. Yager has been named a Super Lawyers Rising Star. His practice is limited to DUI alcohol and DUI drug cases in Georgia.

Mr. Yager also has been rated 5.0 out of 5.0 by Martindale-Hubbell for his highest competence level and ethical standards.

Speak With a Marietta DUI Defense Attorney

The first 30 days after a Marietta DUI arrest are the most important. Georgia law requires you to file your DDS Form 1205 administrative license suspension appeal within 30 days. Miss that deadline and you risk a one-year suspension of your driving privileges.

Acting quickly gives your attorney time to preserve evidence. It allows time to file the appeal and begin building your defense.

William C. Head, PC offers free, confidential consultations for anyone facing DUI charges in Cobb County. Our firm defends both misdemeanor DUI cases in Marietta Municipal Court and Cobb State Court. We also defend felony charges – including serious injury by vehicle and vehicular homicide – in Cobb Superior Court.

Whether your case involves a routine traffic stop or an accident with injuries, our attorneys can evaluate your situation. We will explain your options.

Call (404) 567-5515 any time – day, night, weekends, or holidays. You may also complete our online case evaluation form for a prompt response.

Every case is different. Results depend on the specific facts and circumstances. The sooner you speak with a defense attorney, the more options may be available to protect your license and your future.

Frequently Asked Questions

Can a Marietta DUI Charge Become a Felony if Someone Was Injured in the Accident?

Yes, a standard DUI can become a felony if injury occurs. A first or second DUI is a misdemeanor under Georgia law. However, if someone suffers serious bodily harm during a DUI-related crash, prosecutors may file felony charges. The charge is serious injury by vehicle. If a fatality occurs, prosecutors could pursue first-degree vehicular homicide. Also, a fourth DUI within ten years becomes a felony. Consult an attorney to understand how the facts of your case may affect the charges.

What Is Serious Injury by Vehicle Under Georgia Law?

Serious injury by vehicle applies when a driver causes a crash that leaves someone with bodily harm. The driver must have been breaking Georgia's drunk driving or reckless driving law at the time. The statute defines bodily harm narrowly. It means an injury that takes away a body part, makes one useless, badly disfigures the body, or causes organic brain damage. A conviction is a felony punishable by one to 15 years in prison.

Do I Have to Give a Blood Sample After a Marietta DUI Accident With Injuries?

Georgia's implied consent law allows officers to request chemical testing when a traffic accident results in serious injuries or fatalities. You have the right to refuse chemical testing. However, refusal may result in a 12-month administrative license suspension. If you submit to testing, the results could be used as evidence against you. You are entitled to your own independent test at your expense after the state completes its test.

How Long Do I Have to Appeal My Georgia License Suspension After a DUI Arrest?

You have 30 days to file your license suspension appeal with the Georgia Department of Driver Services. The clock starts when the suspension notice is served. That is normally the day of your arrest. The filing requires a $150 fee. Miss that deadline and the suspension takes effect. It runs one year either way. With a test-result suspension you may apply to get your license back after 30 days. You must finish a Risk Reduction Program and pay the restoration fee first. You may also choose to install an ignition interlock device as an alternative within the same 30-day window.

Are Drunk Driving Injury Cases in Cobb County Handled in State Court or Superior Court?

Felony charges – including serious injury by vehicle and first-degree vehicular homicide – are handled in Cobb Superior Court. Misdemeanor cases go to Cobb State Court or to one of the six Cobb County municipal courts. That holds even when a minor crash was involved. Whether the case is charged as a misdemeanor or a felony turns on how badly someone was hurt. The facts of the crash matter too.