Almost everyone will get at least one speeding ticket in their life.  Who has not experienced that sinking feeling of passing a patrol car and then looking down at your speedometer and seeing that needle well past the posted speed limit?

So, what do you do when you get a speeding ticket?  Do you need a lawyer?  Generally speaking, it is not cost effective to hire an attorney to represent you for a speeding ticket.  However, there are exceptions to this rule and you should be aware of the consequences that a guilty plea will have on your driving record an insurance before you pay a speeding citation. Speeding citations can in some circumstances suspend your drivers license!

The following categories of people should strongly consider consulting an attorney or at least educate themselves if they receive a speeding ticket:

Commercial Drivers – If you are a commercial driver and rely on your ability to operate a commercial vehicle for a living you should always consult an attorney about any citation you receive.

People who have a bad driving record – If you have a bad driving record and have accumulated points on your license you may want to consult an attorney.  Your license may be suspended if you accumulate too many points.

Young Drivers – Be aware that drivers under 21are subject to different rules than driver over 21.

Over 15 mph citations – If you are driving 15 mph over the posted speed limit you may be subject to additional penalties and a “super speeder fine”.

If you decide to go to court without an attorney you may wish to discuss with the prosecutor, solicitor or in some courts the Judge himself the possibility of attending a driving school to avoid the citation appearing on your driving record.  Some courts also offer a “pre-trial diversion” programs for speeders, which often involves not getting citations for some period of time and may be combined with a driver safety course.

I hope the above information helps and remember the best way to avoid traffic court is to slow down!

The Georgia legislature also amended O.C.G.A. 40-6-64, which deals with limited driving permits after DUI convictions.  The list of places a person can drive on a limited permit has been expanded.  A person convicted of a first in five DUI can now drive to court, the probation office, and to perform community service on a temporary permit.  In addition, they may also transport an immediate family member who does not have a valid driver’s license to work, to receive medical care and get prescriptions and to school.  Below is the relevant part of the statute:

Standards for approval.  The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:

(1) Going to his or her place of employment;

(2) Receiving scheduled medical care or obtaining prescription drugs;

(3) Attending a college or school at which he or she is regularly enrolled as a student;

(4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;

(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license or by the commissioner;

(6) Attending court, reporting to a probation office or officer, or performing community service; or

(7) Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

However, note the above changes apply only to over 21 first time DUI convictions which were not refusal cases (those cases where the Defendant did not submit to breath, blood or urine test).  You must of course apply and be approved for a temporary permit by DDS before you can drive anywhere after a DUI conviction!

Effective July of 2012 the State of Georgia has added surcharge equal to 50% of the original fine amount in DUI cases.  In other words, if you are convicted of DUI you must now pay a 50% higher fine.  This makes the lowest DUI fines around $900 now.  The State also added surcharges to vehicular homicide, serious injury by vehicle, underage furnishing, possession of, purchasing and attempting to purchase alcohol.  The above surcharges only apply to defendants arrested after July 1, 2012.  If you were arrested before that date, the old fine amounts will be charged.

Imagine one day you go to the mailbox and there is a notice that a person you know has requested you be arrested.  You thought only a police officer could arrest someone so what is this about? What is a pre-warrant hearing?

In Georgia, a civilian (non police officer) can request that a Magistrate Judge  issue an arrest warrant.  Such warrants are sometimes called “civilian warrants”.  Typically, the process starts by the petitioner going to the Magistrate Court located in the county where the offense was alleged to have occurred and filling out a simple application.  In the warrant application the petitioner will be asked to give a brief narrative of who they want arrested and why.  The petitioner must also pay a small application fee.

A Magistrate Judge will then review the application and schedule a pre-warrant hearing.  The other party (the accused) should then receive notice of the pre-warrant hearing by mail.  At the pre-warrant hearing, the Judge will listen to both sides and either issue a warrant or dismiss the application.  If the Judge issues a warrant, the accused will be arrested after the hearing or be allowed to turn themselves into the jail at a predestinated time.

I receive many calls about pre-warrant hearings.  Most people who get a notice for a prewarrant hearing have never heard of them.  The first questions people ask is whether they should bring an attorney to a pre-warrant hearing.  The answer to that question is that since you can be arrested after the hearing it is advisable to hire an attorney!  Furthermore, if you do not hire an attorney you will have to speak at the hearing and thereby risk incriminating yourself.

Our office is willing and ready to represent you in a pre-warrant hearing.  If you receive a notice in the mail, please do not hesitate to call us to set up a free consultation.

How do I get an Ignition Interlock Device

Georgia law requires that anyone convicted of a second or subsequent DUI within 5 years must install and utilize an ignition interlock device on any vehicle that they own.  O.C.G.A. §40-6-391(c).  A list of providers can be found at http://www.dds.ga.gov/drivers/interlock.aspx.

How much will an Ignition Interlock Device cost?

Cost of installation varies but is typically around $65 to $200.  There is a monthly monitoring fee, which is typically around $75 a month for 6 months.  A removal fee of around $100 may be charged.  Total cost for six months is typically around $450 to $750.

How is the Interlock Device Installed?

Installation can be done on any car.  However, the vehicle must pass an electrical inspection.  The device also must be serviced for monthly maintenance and calibration every thirty days.

How does the Ignition Interlock work?

The device is installed by a trained technician.  When the key is placed in the ignition the car will not start until the device is used.  Typically, there is a loud beep and the driver blows into the device.  If the driver passes the test then the car starts.  As the car is moving, the device will ask for retests at designated intervals, typically, there is a time frame for the car to be stopped and moved to a safe location.  All tests are recorded by the device and downloaded at the monthly maintenance appointments.

Non-Georgia residents and Interlock Devices

Defendants who move out of state cannot satisfy the interlock requirement using an out of state interlock service provider.  DDS cannot issue an ignition interlock driving permit to a nonresident.

ALS and Implied Consent is a complicated subject.  You should always consult an attorney after a DUI arrest especially if you have been given notice of an Administrative License Suspension.  Below is a list of some of the most common questions related to this subject:

How is the Administrative Hearing different from the trial of my case? 

The administrative license suspension process is handled separately from the prosecution of the criminal charge and may result in a driver losing his or her driving privilege before the criminal charge is resolved.  The ruling made by the Administrative Law Judge in an ALS hearing does not affect the prosecution of the criminal charge, even if the administrative law judge reverses the suspension.  A conviction for DUI will result in a separate suspension of the driving privilege.  O.C.G.A. 40-5-63(a) or 40-5-58.  However, the defendant is entitled to credit the period of the administrative suspension toward satisfaction of the suspension for the conviction.  O.C.G.A. 40-5-67.2(b).

What is Implied Consent?

When a driver is arrested for driving under the influence, the arresting officer reads the violator the appropriate implied consent notice and asks him or her to submit to a test of his or her blood, breath or urine for the purpose of determining whether he or she is under the influence of alcohol or drugs. The language of the implied consent notice is found in O.C.G.A. 40-5-67 (b) and is copied on the implied consent cards used by law enforcement officer.  The current cards are orange.

How do I know if I have a pending ALS suspension?

The officer takes possession of the driver’s license, and the Form 1205 contains a thirty-day temporary driving permit for the driver to carry in lieu of his or her license.  O.C.G.A. 40-5-67.  If the defendant does not appeal the suspension, it will go into effect thirty days from the date the Form 1205 is issued to the driver by the officer.

How do I contest an ALS suspension?

You have ten days to respond to notice of an ALS suspension and send in the required filing fee.  There is a $150.00 filing fee that must be sent with the appeal.  The date on which the appeal is postmarked rather than the date on which it is mailed, is determinative of its timeliness.  If you do not respond within 10 days, your license will be suspended.  If you do respond then a hearing will be scheduled in front of an Administrative Law Judge.  This will be in a different “court” then where your actual DUI case will be heard.  Typically, this administrative hearing will be heard prior to your actual court date.

How long will the ALS suspension last?

This Administrative License Suspension per se DUI (based upon BAC over .08) is for one year with early reinstatement allowed after 30 days.  ALS suspensions based upon refusals will last one year.  No permit is allowed and no early reinstatement.

What happens at the Administrative License Hearing

The DDS sends the Defendants appeal to the Office of State Administrative Hearings (OSAH) and the suspension effective date is delayed until the appeal is resolved.  DDS then issues a 90-day extension of the temporary driving permit and further extensions can be granted.  At the hearing, the case will be heard by an Administrative Law Judge and he arresting officer will represent DDS.  Many attorneys negotiate resolutions to both the administrative suspension and the pending criminal case while meeting with the officer at the ALS hearing.  The officer can withdraw the Form 1205 if an agreement is reached.  If an agreement is not reached then a hearing will be held.

What is the State’s Burden of Proof at the ALS hearing

In assessing whether the defendant’s driver’s license was suspended properly, the Administrative Law Judge must determine that the arresting officer has proven the following four elements: DUI arrest, correct implied consent read, test or refusal and if test the per se results.  If all was done properly, the Judge will issue a suspension.

What happens if my license is suspended at the ALS hearing but my case is later dismissed or I win at trial?

The ALS suspension ends upon proper notice by the trial court.  The defendant can then go to DDS and have their license returned.

What is a work or temporary permit?

If convicted of a first offense DUI you may be eligible for a temporary or work permit if you are a Georgia resident and over 21.  However, work permits cannot be used to operate commercial vehicles.

Where can I drive on a work or temporary permit?

These limited driving permits allow a person to continue driving while his/her driving privilege is suspended or revoked, but only for limited, specific reasons:  Business purposes, school, medical care (including obtaining prescriptions, substance abuse treatment, driver improvement).  However, it cannot be used to take family members to school, work, etc. (not advisable even if on the way to licensee’s work, school, etc.).

Yes, if those prescription drugs cause you to be incapable of driving safely.  Many people are arrested, prosecuted and sometimes convicted for driving on pain medications, muscle relaxers and related drugs even when they have a prescription.  However, use caution when driving on any new prescription which could impair driving ability and discuss the issue with your doctor and pharmacist.

If you are convicted of DUI based upon drugs impairing your ability to drive, the consequences to your license can be worse than if you have been drinking and driving.  A DUI drug conviction can suspend your driver’s license for six months with no “work” or temporary permit allowed.

Therefore, use caution when driving on any medication.  Read the warning labels on your prescriptions as many will warn you that they could impair driving and talk to your doctor and pharmacist.     

What happens if I am convicted or enter a guilty plea for DUI?               

The “look back” period for DUI punishment is 10 years.  This means for purposes of determining whether your DUI is your first you count back 10 years.  This differs from your eligibility for license reinstatement, which is a five-year “look back” period.

First DUI (in 10 years)

The punishment for a First DUI in ten years is set by statute and is as follows: 12 months probation.  A fine of $300.00 to $1000 (as of July 1, 2012 a 50% charge is added and will go to the State Of Georgia).  Jail time of not fewer than ten days not more than 12 months, but the Judge has discretion to probate, stay or suspend jail time.  40 hours community service is required but may be lowered to 20 hours in DUI Less Safe cases.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required but may be waived by the Judge.

Second DUI (in 10 years)

If a person is convicted or pleads guilty to a second DUI the punishment increases and is set by statute as follows: 12 months probation, a fine of $600.00 to $1000.00, jail time of not fewer than Ninety (90) days, not more than 12 months, but the Judge has discretion to probate, stay or suspend all but 72 hours of jail time and thirty (30) days community service.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required.

Can I get “First Offender” status for a DUI charge – NO

Can I plead Nolo?  Yes under some circumstances, but a Nolo plea no longer will save your driver’s license.