By: Georgia DUI Attorney William C. Head
Marietta GA DUI lawyer Bubba Head has won many driving under the influence cases in Cobb County courts over the last 40 years. Every judge, prosecutor, and criminal defense attorney in Marietta, GA knows him. Mr. Head and his law partners, Larry Kohn and Cory Yager, routinely appear in:
This year, all three partners are recognized in Super Lawyers:
All 3 of our criminal defense attorneys in Marietta vigorously defend clients facing criminal court charges in the six Cobb County municipal court locations, and each partner at our DUI law firm accepts the responsibility to look for any and all avenues of criminal case resolution that will keep a DUI conviction off our clients’ criminal records.
These 6 Cobb County Municipal Court locations are as follows:
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.” So, any driving under the influence case in a Cobb County municipal court that cannot be resolved by a negotiated plea to a crime other than DUI gets bound (moved) over to State Court of Cobb County, where a 6-person jury trial is available.
In all of the cases handled by any Marietta DUI lawyer with our office, we START the case in Marietta Municipal Court to try to get a fair, non-DUI deal for our client, but we will transfer the case to Cobb State Court, if no favorable resolution is available.
DUI and any other misdemeanor traffic offense (including speeding cases) can be resolved at a jury trial in State Court of Cobb County. Trials are conducted by a DUI attorney Marietta GA from our law firm, and decided by six jurors who are residents of Cobb County, under Georgia venue law.
All of our criminal defense lawyer partners are familiar with the Cobb County criminal courts, including the trial procedures, and the judicial tendencies and temperaments of various judges in Cobb County.
This intimate knowledge of your criminal court case assists our clients in knowing what to expect in their DUI court case. We are happy to provide more Marietta criminal defense lawyer information on all three partners when you come in for your FREE professional case assessment.
We Fight Misdemeanor and Felony Cases in Cobb County, GA
Bubba Head, a top criminal defense attorney in Marietta, and his law partners have multiple office locations, including a Marietta law office on Anderson Street in downtown Marietta. Mr. Head and his Super Lawyers partners, Larry Kohn and Cory Yager (an ex-cop from Cobb County Police Department before attending law school), are well-known for fighting both DUI cases and other criminal defense law cases.
Our Marietta DUI lawyer criminal defense firm handles:
For over four decades, Georgia criminal defense attorney Bubba Head has been defending clients facing criminal charges across the State of GA. The majority are citizens charged with misdemeanor DUI offenses, felony DUI charges, DUI drugs, marijuana possession, DUI with child in car charges, vehicular homicide, serious bodily injury by vehicle, hit and run, and family violence offenses.
Repeat DUI offenders, like citizens facing a 2nd DUI, 3rd DUI, or 4th DUI offense, are regular clients for our law firm’s partners, each of whom is a DUI lawyer. People facing the serious penalties of a DUI second offense or DUI third offense call us, even if they used a public defender or cheap lawyer on their first DUI charge.
Jury Trials Only Occur in Cobb State Court or Cobb Superior Court
Except for a DUI felony, first degree vehicular homicide, or serious injury by vehicle felony, State Court of Cobb County processes all DUI misdemeanor cases originating in the unincorporated parts of Cobb County. Plus, cases bound over from Cobb County municipal court locations come to Cobb State Court for their jury trials.
The misdemeanor criminal cases being processed in State Court of Cobb County include all misdemeanor arrests NOT made in one of the six municipalities. Also, for DUI cases that need a jury trial, State Court is where misdemeanors go to jury trial.
Additionally, for repeat DUI offenders seeking to go into the Cobb County DUI Court program, a bind over (transfer) of a municipal court case is mandated, since no municipal court is set up to oversee cases in the DUI Court program.
State Court is the place for trial, a negotiated plea, to participate in the DUI Court, and to be able to conduct meaningful pretrial motions hearings.
Because the Georgia Constitution restricts State Courts from hearing any felony criminal matters, the Superior Court of Cobb County, GA handles all felony criminal cases, such as the types of cases set forth above. These include all jury trials or bench (non-jury) trials for felonies.
Our criminal defense attorneys Marietta handle various types of felony charges each month, but the majority of those felonies are for drugs, or are alcohol-related cases, like felony homicide by vehicle while DUI.
Excluding Police Evidence Wins DUI Cases
The most important police evidence usually includes your breathalyzer test results showing how your breath alcohol test was collected, any blood test results for drugs or alcohol content, and the police video of your speech, balance, driving and demeanor, plus any voluntary field sobriety tests performed that lead to your DUI arrest.
The police video should also show the officer reading you the advisement required by the Georgia implied consent law. A Marietta police car dash cam or body cam probably captured the whole police encounter, including your manner of speech, your demeanor, and any bad driving that occurred just before being stopped by police in Marietta, GA.
So, don’t stress over a high breathalyzer number, or a poor performance on the standardized field sobriety tests, like the DUI eye test or HGN test, the walk and turn, or the one-leg stand. Marietta DUI attorney Bubba Head has handled other DUI cases that had many of these types of potentially damaging police evidence, but he was still able to negotiate pleas and get charges reduced, or win the case at trial.
In many cases, the HGN test has been eliminated by a pre-trial motion, and an alcohol breath test on the Intoxilyzer 9000 excluded, due to a GA implied consent law violation.
Talk to Marietta DUI lawyer Bubba Head before you do anything else, and learn a lot more about how to beat a Cobb County DUI. His FREE professional consultation is worth your time. If you need an exceptional criminal attorney, hire Mr. Head or one of his partners as your DUI lawyer in Marietta GA. Read below for more about the credentials of all three of our DUI attorney partners.
When citizens arrested in Marietta, GA for driving while intoxicated come to our office, their burning question is, “How to beat a DUI charge?” Luckily, when they are talking to our DUI attorneys, they are speaking to three skilled Marietta DUI lawyers who have all been tapped as LEGAL BOOK AUTHORS by America’s largest legal book publisher, Thomson-West Publishing. All authors for such prestigious publishers as this are recognized legal authorities on how to beat a DUI.
Mr. Head is co-author of the largest-selling Georgia DUI law book, The Georgia DUI Trial Practice Manual, which is over 1,200 pages in length. This reference book for DUI attorneys, prosecutors, and judges has been the largest selling DUI book on state DUI laws in the country since 1995.
In 2016, both Cory Yager (DUI attorney Marietta GA) and Larry Kohn (DUI lawyer Marietta GA) have written chapters on how to beat a DUI for a Thomson-West subsidiary, Aspatore Publishing. The chapters written by these criminal defense lawyers are on Strategies for Defending DUI Cases in Georgia.
The majority of practicing attorneys in Marietta, GA do not practice criminal law at all. American jurisprudence can be generally separated into “civil” (non-criminal) cases and “criminal” (crimes or violations of some state, federal, or local law). So, most Marietta lawyers do not accept criminal law cases at all. The criminal defense lawyers in Marietta, GA who are DUI lawyers represent less than 5% of all Marietta criminal attorneys. Marietta DUI lawyer Bubba Head is one of those elite 5%.
Find a Criminal Justice Attorney With Both the Knowledge and the Guts to Fight
When you look for a criminal defense attorney familiar with the criminal courts in Marietta, GA, remember that some Cobb County lawyers only accept felony cases, while others only handle misdemeanor or traffic cases. Some do both categories.
Our DUI lawyer law firm, with offices in Atlanta, Sandy Springs, and Marietta, handles all categories of criminal cases, and also related matters like administrative license suspension, probation violation (VOP), and failure to appear (FTA) legal issues.
But, DUI defense is our specialty criminal practice area. Our criminal lawyers cover Cobb County Superior Court (felony cases), Cobb County State Court (misdemeanor cases), and all other local criminal courts (Magistrate’s Court, Marietta Municipal Court, and the other Cobb County municipal courts).
What our criminal lawyers have to offer are (1) experience, (2) top credentials, and (3) the proven ability to either negotiate your best plea offer or take the case to trial – and win most cases.
DUI Penalties in Georgia
The long-term criminal consequences of a Georgia DUI conviction are lengthy and sometimes crippling. Loss of your job, being denied a promotion, having to report the arrest to a professional licensing board (doctors, teachers, real estate professionals, nurses, etc.) can significantly impact the accused driver’s life.
Other punishment aspects like being required to install and maintain a mandatory ignition interlock device on your vehicle to reinstate license, tripling or quadrupling auto insurance rates, being denied enlistment in the military or being drummed out of the military due to a DUI conviction, are some shockingly important reasons to fight a DUI.
Because thousands of prior clients have told us this, you MAY be thinking you have no chance to win a DUI case. You think your inability to perform the field sobriety tests and a high breath test reading dooms you to plead guilty.
In light of our prior successes in DUI cases in Marietta, including where a Cobb police officer on the DUI Task Force claimed that the client miserably failed all sobriety tests, and blew an alcohol level of 0.244 and 0.249 — three times the legal limit — we have obtained “not guilty on all charges” outcomes or been able to get a DUI reduced to reckless driving.
But this is only due to the stress and the unfamiliar territory of going to the Marietta Court. Our top DUI lawyers in Marietta, GA know many ways to avoid a DUI conviction.
Penalties for 1st DUI and 2nd DUI
Don’t panic about the pending charges. You need to speak with a DUI lawyer. Our seasoned Marietta DUI attorneys will explain our proven ability and willingness to find a plan to beat a DUI, as we have done thousands of times. This section outlines DUI penalties for a DUI first offense and a second offense DUI, under Georgia DUI laws. Since over 92% of all DUI cases in Georgia are either DUI first offense or
Mr. Head wrote the definitive drunk driving book on beating driving while intoxicated charges over 25 years ago, 101 Ways to Avoid a Drunk Driving Conviction. So, there are multiple ways to win a DUI case. If you PLEAD guilty, you will be FOUND guilty. That is not what we do.
Our DUI lawyers have obtained countless reduced charges in Marietta Municipal Court, in other misdemeanor and felony courts in Cobb County, and across metro courts all over Georgia. To win a DUI, you must have the right DUI law firm, and the determination to not give up, before fully investigating and fighting the evidence against you.
For a first time conviction of DUI, or a conviction for a 2nd DUI in GA, you WILL lose your right to drive. If the person convicted has a Georgia driver’s license, he or she MAY be eligible for an immediate DUI restricted license, or work permit, unless he or she has an administrative license suspension for refusal of the implied consent test on his or her record. A conviction for DUI in GA is forever, so this creates a permanent criminal record, and no DUI expungement exists in Georgia.
Other mandatory DUI 1st offense penalties include, at least 40 hours of community service, DUI classes (DUI school), fines and surcharges that generally total $700 to $2000 total costs, alcohol and drug dependency screening, possibly attending a MADD VIP panel program, mandatory probation with possible random screening for alcohol or drugs for which the person has no prescription, and possibly additional jail time, beyond the hours spent in custody the night of arrest.
For most could Any 2nd DUI in GA can drastically increase DUI penalties such as total loss of your Georgia drivers license for up to three years. For 120 days, no driving AT ALL is allowed.
Additionally, to get early reinstatement of your driver’s license (after 120 days) from the GA Dept of Driver Services (the Georgia DMV), a second offense DUI requires you to install and pay for an ignition interlock device (cost is about $3600 or more), publication of your mug shot photo and DUI case summary in the local newspaper (which the DUI driver pays for), confiscation of all car tags (so that you CAN’T drive), mandatory jail time, possible random alcohol and drug screening throughout DUI probation, and a host of more severe DUI punishments, like 240 hours of community service.
For a free analysis of your criminal charges under Georgia DUI laws, please complete our online case evaluation form, or call 1-888-384-4323 (1-888-DUI-HEAD).
For more about our Marietta DUI lawyer reviews and ratings, for all of the Georgia DUI lawyers at our firm, we give you more details below:
William C. “Bubba” Head, Board Certified in DUI Defense (one of only 4 in the State of Georgia) – A veteran DUI Attorney with 40 years of aggressive criminal defense experience, and over 200 appellate cases to his credit, is a nationally-known DUI book author for the last 25 years. As mentioned above, Mr. Head also originally wrote, and still co-authors the #1 treatise on Georgia DUI law, for over 20 years.
As far as attorney ratings, William C. Head has held the highest ethical rating, and highest practice competence rating (5.0 of 5.0) from Martindale-Hubbell for over two decades.
Even rarer, the veteran DUI lawyer is one of only 4 Board Certified GA DUI attorneys, and has been named for expertise for his DUI law specialty in the ultra-exclusive Best Lawyers in America directory longer than any other Georgia criminal defense lawyer. Mr. Head also has been honored TWICE with the “DUI Attorney of the Year in Georgia” award for 2012 and 2017, from BestLawyers.com.
William C. Head has been consistently named to the list of Georgia Super Lawyers EACH year (2004 to 2017) since the lawyer ratings were started, a top distinction that only one other Georgia attorney has achieved. One other totally unique attorney rating qualification, for the entire United States, is that in July of 2003,
Mr. Head was voted to be the best DUI-DWI attorney in America, by the members of the largest drunk driving defense lawyer group in the country, NCDD.com.
Lawrence A. (Larry) Kohn, Georgia DUI Attorney, in his 18th year of DUI defense in Georgia, and named to 2017 Super Lawyers – Mr. Kohn began working for Mr. Head after his first year in law school, and has over 300 FIVE-star (highest) attorney ratings displayed on AVVO.com.
Cory E. Yager, Georgia DUI lawyer, in his 9th year as a criminal justice attorney, after 9 ½ years as a Georgia police officer – He began as a Cobb County police officer, patrolling all of Marietta and Cobb County, before transferring to Roswell Police Department, so that he could get a regular duty schedule that would accommodate going to law school. Mr. Yager has been named as a “Super Lawyers Rising Star” for past 5 years in a row.
Mr. Yager has won two statewide quality awards from a private “think tank” DUI defense group of nearly 100 DUI lawyers, for being the Best DUI Defense Attorney Negotiator in the State, among lawyers whose primary law practice is for DUI alcohol and DUI drugs cases in Georgia. Mr. Yager also has been rated at 5.0 of 5.0 by Martindale-Hubbell, for his highest competence level and ethical standards.
Of Counsel (Two Former DUI Judges):
Maurice H. Hilliard, Jr., Georgia lawyer for 58 years, 33 as a criminal court judge. Attorney review is 10.0 with AVVO.
Mickey Roberts, Georgia attorney for 36 years, and over 10 years serving as a part-time drunk driving municipal court judge in two different GA cities. His attorney review also is a 10.0 with AVVO.
Call Marietta DUI lawyer Bubba Head or one of his other law partners today at 1-888-384-4323 (1-888-DUI-HEAD) and put 40 years of successful DUI defense on your side.
Mr. Head is a 24 hour lawyer for your Marietta case. His criminal defense law office provides you with a FREE professional case evaluation whatever time of day or night you call – weekends and all holidays, too.
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