Call Us Now : (404) 567-5515
Get Bubba Head’s FREE Book and Streaming Video.
By: William C. Head, Board-Certified DUI Attorney and Georgia The Georgia DUI Trial Practice Manual
Georgia attorneys (public defenders and private legal counsel) handled over 10,000 cases in Georgia last year. If you’ve recently been arrested for a DUI, you need to understand your rights and your potential DUI penalties, if convicted. Our Georgia lawyers answer calls 24 hours a day, so that we can explain how one of our law officer’s DUI attorneys near me can help you.
Keep reading to learn how hiring a lawyer to handle DUI in GA under OCGA 40-6-391, reckless driving GA, or hit and run Georgia arrest can change the outcome of your court case in the Bartow County GA city of Emerson. The court location is 700 Highway 293, Emerson, GA 30137. If you want a dismissal or most or all charges, you’ll need a traffic lawyer skilled in fighting such cases in Emerson or is other municipal courts within Bartow County Georgia.
Be aware that DUI laws in Georgia comprehensively prohibit driving while impaired by either being over the legal alcohol limit, or otherwise driving or being in actual physical control of a motor vehicle at any time that it is not safe for the person to drive by virtue of being intoxicated or stoned.
Much of this article explains how our criminal defense lawyers can use our in-depth knowledge of Georgia laws and our experience to get a DUI reduced to reckless driving in many courts. For example, if the arresting officer in your Emerson traffic court case made errors in reading the implied consent notice, or the field sobriety tests, our highly trained DUI specialists may be able to negotiate a reduction of charges.
A DUI in Georgia means you are driving a motor vehicle with a blood-alcohol level of 0.8 percent or higher. Georgia DUI penalties are no joke. Once a conviction is reported and posted to your criminal history, you can never obtain a record restriction or expungement. It is on your permanent criminal history for life.
For your first DUI offense, you can lose your license up to 12 months, and you will have to pay a penalty between $300 and $1,000, not including court fees. The penalties only stiffen up more after your first DUI.
What is reckless driving in GA?
Georgia reckless driving law defines reckless driving as operating a vehicle with reckless disregard of persons or property. Because of the vagueness of this language on OCGA 40-6-390, authorities can charge you with reckless driving easily. Being convicted of reckless driving does not trigger an automatic license suspension like hit and run Georgia or a D.U.I., unless the driver is under age 21.
A reckless driving charge can result from a car accident, from a driver operating a vehicle at excessive speed, passing vehicles in a dangerous manner, or a contest of speed (racing). You can even be convicted of this charge if you are driving while having any amount of alcohol in your system.
Georgia law allows up to a $1,000 fine for reckless driving. Alternatively, up to 12 months of jail time can be ordered by the judge handling your case. Most cases in the Municipal Ct of Emerson are handled by the Emerson Police Department, and the Judge McCoy presides over that court.
Reckless driving penalties such as the $1,000 fine do not include the court costs you will incur. Reckless driving will also add four (4) points to your license which could eventually lead to a license suspension.
If you accrue 15 points in a 24-month period, you will lose your driver’s license temporarily.
Georgia law also allows a judge to sentence a reckless driver up to 12 months in jail.
Georgia defines a hit and runs case as being a criminal act any time a driver is involved in an accident with an occupied vehicle, OR a pedestrian, and leaves the scene without sharing details about the driver, the driver’s insurance carrier information, the tag number of the vehicle involved, and the registration number.
A Georgia hit and run puts an affirmative duty upon any driver in such accidents to seek help (e.g., call an ambulance or police) and can go from misdemeanor to felony if that fleeing driver fails to either stop or return to the scene of an accident he or she was involved in.
A hit and run charge may result in a misdemeanor offense and range of penalties up to $1,000 and up to 12 months in jail. However, if the hit and run accident resulted in serious or fatal injuries, you may face up to 15 years in state prison, plus loss of driving privileges for 3 years, and other penalties and consequences.
Using our negotiating skills, some of these cases can be reduced to an offense that does not trigger license suspension. OCGA 40-6-270 will cause a suspension of a Georgia driver’s license. Be aware that Georgia law and the laws of neighboring states are very tough on any serious driving offense (like DUI, reckless driving & hit and run) when someone is killed or seriously injured.
If you’ve made the mistake of driving while under the influence, driving recklessly, or committing a hit and run, you must find an attorney who specializes in cases such as yours. Attorneys who specialize in getting a DUI dropped have a much higher success rate compared to other attorneys who are general practice attorneys. .
In any case, an attorney in Georgia with expertise in these more serious driving offense cases understands your rights and how to protect them. So, you may not end up walking away from court in Emerson Municipal Ct with no penalties, but our attorneys in the Peach State will fight hard for you to NOT have a DUI on your permanent criminal history. Our job is to find a non-DUI solution, and to have you endure as little of a penalty as possible.
If a case is appealed from the Emerson City Court after a bench trial (non-jury trial), the Bartow County Superior Court in Cartersville GA would review that record of that conviction. Additionally, if you don’t want your trial to be held in the municipal court of Emerson GA, by demanding a jury trial, your misdemeanor case is bound over to the Superior Court of Bartow County for a 6-person jury trial.
All people, even those convicted of a crime, have rights in the United States. When you an attorney to protect your legal rights, it is much like hiring a skilled cancer doctor to deal with a tumor that needs to be removed.
After a series of unfortunate events lead to your arrest, don’t make another mistake by looking for cheap DUI lawyers. You need to approach your case with a goal of beating the DUI charge. Our law group offers a FREE consultation, so why not pick up your phone and call us now? 404-567-5515.
To find the best lawyer for DUI, contact us. You’ll be talking to a partner, and not a wet-behind-the-ears associate or paralegal. Bubba Head, Larry Kohn and Cory Yager (an ex-cop for nearly 10 years) bring a collective 77+ years to the table, for defending Georgia DUI cases. Use a DUI defense lawyer with top attorney ratings, to assure your best criminal case outcome.
Cartersville Municipal Court
Adairsville Municipal Court
White Municipal Court.
Euharlee Municipal Court
Kingston Municipal Court
Georgia Department of Driver Services link for license reinstatement after a DUI Conviction
Receive Your Free Copy of The DUI BookGet Started
Send Us Your Questions. It's Free!Send Your Question