DUI lawyer

How to Get a Georgia License Reinstated After a Second DUI

dui-in-georgia

One of the reasons it’s so important for anyone charged with Driving Under the Influence (DUI) to hire an experienced traffic attorney is because your first DUI conviction will amplify the consequences of any future DUIs. A second DUI conviction not only carries heftier penalties than a first DUI, but also involves a complex process for getting your driver’s license reinstated. There is a lot of incorrect information out there, so here is the truth about license reinstatement after a second DUI conviction within a five-year period:

  • There is a hard suspension for four months after the plea. (This means absolutely NO driving!)
  • After four months, you may be able to get a limited permit to drive to work or school, which is valid for the next twelve months.  HOWEVER, you must first prove to the Georgia Department of Driver Services (DDS):
    • You have completed the twenty-hour Risk Reduction Class (DUI School).
    • You have completed the Alcohol and Drug Evaluation.
    • You have an Ignition Interlock Device (IID) on any car you drive, which requires you to blow into the device and prevents the car from starting if alcohol is detected.
  • After those twelve months, you may be able to get a limited permit for an additional two months.
  • Finally, after eighteen months of suspension, you can get your license reinstated by proving to the Georgia DDS:
    • You have completed DUI School.
    • You have completed a substance abuse program if it was recommended based on your Alcohol and Drug Evaluation. If no substance abuse program was recommended, you MUST receive a waiver from the Department of Behavioral Health and Developmental Disabilities (DBHDD).
    • You have had an IID for one year, unless waived by the Court for financial hardship.
    • You have paid a $210 reinstatement fee.

** Please note: I get many calls from folks wanting to seek the financial hardship waiver for the IID, but there are a few important factors to consider. First, it is very rare for a judge to order a waiver. Second, if you do receive a waiver for the IID, you are NOT eligible for any limited permit, meaning you would have a hard suspension for the full eighteen months!

Because driver’s license reinstatement laws are complex, it is wise to hire an experienced, knowledgeable DUI lawyer to help guide you through the process. To begin discussing your case, call Mickey Roberts at 770-923-4948 for more information. Or, to stay up-to-date on the latest DUI and traffic law news, follow me on Facebook, Twitter, and Google+.

No Laughing Matter: The Serious Consequences of a Second DUI Conviction

One DUI is certainly one more than anyone needs or wants, but a second DUI conviction carries the very real possibility of hefty fees and fines, significant jail time, hundreds of hours of community service, long-term license suspension, and tag forfeiture of any car titled in your name.
The Georgia legislature has enacted strongly worded laws and put in place severe penalties for anyone convicted of driving under the influence for the second time. While some of the penalties may be lessened at the discretion of a lenient judge, in general, second-time offenders should expect to receive a lengthy, expensive, and difficult punishment.

Expense
A second DUI carries a heavy financial burden. The state of Georgia charges a minimum of $600 in DUI fines, but in many cases judges raise the fine to over $1,000. This fine is in addition to 40% of that amount in statutory surcharges. While that number by itself is daunting, keep in mind that it does not include DUI attorney’s fees, lost wages due to missed work, the expense of completing court-mandated alcohol or driving education, or the transportation costs incurred after you lose your license.

Time
Second-time Georgia DUI offenders face between three days and 12 months in jail. A judge may reduce the requisite jail time, but offenders must spend a minimum of 72 hours behind bars. In Metro Atlanta, it is common for second-time DUI offenders to spend around 10 days in jail. You must complete a clinical alcohol and drug evaluation and attend what is commonly referred to as ‘DUI school.’ Factor in any time spent in your attorney’s office, in court, or performing the mandatory 240 hours of community service, and a second DUI is likely to have extremely time-consuming consequences.

Stress
The stress of a second arrest, incarceration, court date, and loss of any driving for a at least four months  – can take a heavy emotional toll on both the offender and his or her loved ones. Adding to the stress of the experience is the embarrassment of having your photo and DUI conviction published in the local legal newspaper. When the requisite four-month period of license suspension is up, offenders must deal with the stress and expense of applying for a limited permit. In order to obtain a limited permit, the offender’s vehicle must be outfitted – at the offender’s expense – with an Interlock Ignition Device (IID) for 12 months. Then you are entitled to a limited permit with no IID for 2 more months before becoming eligible for full license reinstatement.

Clearly, a second DUI conviction creates significant hardship for the offender. If you have been charged as a second-time DUI offender, it’s crucial to contact an experienced DUI lawyer who knows the law and defends DUI cases. Atlanta DUI attorney Mickey Roberts has been successfully fighting for drivers for over 34 years. Connect with Mickey on Facebook, Twitter, or Google+.

 

5 Questions to Ask When Hiring a DUI Lawyer

It’s an understatement to say that being arrested for driving under the influence (DUI) can be an overwhelming experience. Even in the first moments, you begin to consider what the next step should be.  According to Georgia DUI attorney Mickey Roberts, the logical next step is to find a great lawyer who can address your case effectively and professionally. Below, he provides five key points that should be brought up when selecting your DUI attorney.

  1. Don’t be afraid to ask questions. Thoroughly learn the lawyer’s background and experience. Inquire about where they attended law school and their time of graduation, as well any membership in bar organizations and length of practice.
  1. Get a feel for their client base. How long has the lawyer been representing clients facing DUI? Is it their specialty, or just something done on the side? How many clients are represented each year?
  1. Their success is your business. Ask about their success rate within the court, and welcome feedback on your case so they can understand the charges and if they believe they can take you on as a client. If you’re satisfied with the amount of cases won, it’s a good indicator that this is a trustworthy lawyer for you.
  1. Assess your case. Lay out the details of your arrest and the charges you’re currently facing. Ask the lawyer what they would recommend in terms of a guilty plea or trial. Request for them to lay out the factors in your case that work in your favor or against you to determine how the DUI lawyer will aggressively defend you in court.
  1. Consider the cost. Yes, DUI arrests can be expensive. But think about the possible outcomes: you could lose your driver’s license, experience an increase in insurance premiums, DUI school, fines, and possible jail time. And of course it costs money to hire a lawyer.

After meeting with your potential attorney, evaluate. Consider what you heard about their experience, success rates, and applicable fees. Do your research. If you believe the attorney will fight hard for your case and value your triumph over your charges, hire them! To contact a reputable DUI in Georgia, call Mickey Roberts. Be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for traffic law updates and news.

Are You a First Time DUI Offender? Here’s What You Should Do Next

Your first DUI arrest can be an anxious time. You have just endured being arrested, handcuffed and taken to jail—probably not the fun time you imagined upon heading out for the night. If you are wondering what typically happens in your case, let Georgia DUI attorney Mickey Roberts lead you to the path of successfully dealing with DUIs when it’s your first time.

arrested for dui
First, it is important to hire an experienced DUI lawyer who has a reputation in the legal community as aggressively and successfully defending DUIs. It’s important to acquire a lawyer who also has long standing professional relationships with police officers, judges, and prosecutors.

When you were arrested for DUI, you should receive a citation for your DUI charges which will have your initial court date on it. You may also have received a “1205 form”, which is a 30 day permit to drive and is also notice that the State will try to suspend your license BEFORE your court date.

Once you have hired an experienced lawyer, a “10 day” letter will be sent to Driver’s Services immediately, which will keep your license valid past the first 30 day period. Additionally, an “open records request” to the State will be sent, requesting all of the evidence they have that relates to your case. Once the evidence is received, a report which outlines any possible defenses and the recommendations on how to proceed with your case will be sent. The initial goal of your lawyer is to look for any possible means to win your case, giving you enough information upon which you can make an informed decision on how to proceed.

At some point in time you’ll be given several options, which will include pleading guilty, pleading to a “lesser offense”, or fighting your case with either a bench or jury trial.  Mickey Roberts can help you make a decision by also providing you with information relative to license suspension, possible sentence and possible ramifications with changes to your driving record and license, insurance, employment loss.

Not only can hiring a qualified, knowledgeable DUI attorney be beneficial to winning your case, it can also make the process less confusing. If you are arrested for DUI or other serious traffic matters, contact MrGaDUI today. Also be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

New Practice Area: Criminal History Restriction

arrested for duiDo any of the following categories apply to you after being charged with a crime? You…



  • Were found not guilty
  • Had your case dismissed
  • Entered into a first offender type plea
  • Were under 21 at the time of the charge




If any of the classifications above pertain to your case, you’ll want to talk to Georgia DUI attorney Mickey Roberts about the new Georgia “Restriction” Law. The law was formerly known as expungment, a process whereby a person’s criminal arrest is deleted. In most States expungment is not available for a DUI arrest; however, involving an experienced attorney can make all of the difference in finding success from your case.



The new Georgia “Restriction” Law enables you to, under certain circumstances, go back and have your arrest restricted from public access or corrected if it is showing an incorrect disposition. You may also be able to get court and jail records sealed.



Recently, I have been able to get a 2002 DUI arrest record restricted from public access, diminishing the possibility of the past creeping into your present and getting in the way of your opportunities. Additionally, I had a record corrected, enabling my client to either obtain the record or have it restricted, allowing them to at least be able to show employers that the underlying DUI in the case was dismissed.



Don’t let your DUI obstruct your career path. Contact Mr. GA DUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.



Source Code Defense Dead For DUI cases?

Recently, the Georgia Supreme Court has resolved the source code issue brought up with Cronkite v. The State case. DUI defense lawyers in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.supremecourtsteps




The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”.  A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.




The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.




In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.




How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.




To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI. Don’t forget to connect with attorney Mickey Roberts on Facebook, Twitter, and Google+ for the latest DUI news.

How Lawyer’s Knowledge and Relationships Can Win Your DUI Case

When you are looking to hire a DUI lawyer, which is more important? The price the lawyer charges, or the experience and reputation the lawyer brings to the table?




There is an ongoing debate in legal circles as to how lawyers should charge. On one side is the old-school hourly billing crowd, who believe lawyers should charge by the hour. On the other side, is a new group who believes a lawyer should charge based on his/her knowledge and experience.




With the experience I’ve gained during my years of practice, I do see the benefit in charging based on knowledge, which can be illustrated by a recent case. Throughout my 32 years of practice I have accumulated a vast amount of knowledge on matters involving not only the law, but also about certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 32 years is in many ways invaluable.




My client was charged with a DUI, and registered a .17 on the State breath test. At first glance most lawyers would assume that it would be impossible to win a DUI case like this one. After looking at the video, however, I found that there were some issues in the case involving not only probable cause for the arrest, but whether the test should be excluded from evidence because of the way the officer read the Implied Consent warning.




I first approached the officer and told him, in a nice way, of my concerns about the breath test; after hearing me out, he agreed, and he went to bat for my client in talking to the prosecutor about reducing the charges. Then I talked to the prosecutor, whom I have known for over 25 years and eventually he agreed with me and reduced the charges.




Without the relationships I have developed with the officer and prosecutor and the reputation I maintain, I would have struggled more to have the charges reduced. In my opinion, experience, knowledge, and relationships are invaluable when it comes to DUI defense.

Rates of Female DUI Increase throughout the Last Decade

A recent study published by The Century Council and the Traffic Injury Research Foundation shows that the number of females arrested for driving under the influence of alcohol has increased 36% over a decade. The report, which will be available in full later this month, states that while men are often seen as the primary offenders in drunk driving cases, the number of women involved has increased steadily since 1980 and was up 29% from 1997 to 2007.

Researchers examining the phenomenon offer various explanations for this spike in female DUI statistics. One theory is that more women are drinking and then driving than in past years. Some researchers believe that the spike in women’s arrests is due to changes in the legal system including fewer male arrests and changes to the DUI law enforcement policy that bring more attention to women whose blood alcohol content levels are more affected by alcohol consumption.

The study indicated, More

Designed to Fail? MR GA DUI Advises Against Submitting to Field Sobriety Tests

If you own a MR GA DUI koozie or read his blog, you’ve probably heard that he suggests not submitting to field sobriety tests when stopped by the police for driving under the influence. While experienced DUI attorney Mickey Roberts has been advising clients and Georgia drivers not to submit to field sobriety tests for years, an investigative reporter for Atlanta’s Channel 2 Action News, Richard Belcher, further solidified Robert’s advice in a recent news story.

Belcher spoke with police officers, as well as Dr. Spurgeon Cole, a retired psychology professor from Clemson University, who has been studying field sobriety tests since the 1980s shortly after the tests were first instituted. Cole told the Channel 2 reporter that when these tests were designed, police incorrectly identified 47% of the drivers as intoxicated during trials. However, More

Drivers Who Use Marijuana Reportedly Twice as Likely to have Accidents

Mickey Roberts, MRGADUI attorneyWhen most people think of DUI, they think about driving under the influence of alcohol. However, driving under the influence of illegal drugs is also driving under the influence. Marijuana is the most commonly detected drug in drivers, but whether or not marijuana causes an increased number of accidents remains a question. A recent study from Columbia University found that drivers who use marijuana are more than twice as likely to be involved in car accidents as those who do not.

Using a meta-analysis of nine epidemiologic studies, the researchers found that the risk of an accident increases in people with a concentration of marijuana-produced compounds found by chemical test. Furthermore, the risk of a crash also increases with self-reported marijuana-users. In fact, eight out of nine of the studies determined that the risk of an accident significantly increases among drivers who use marijuana.

This research is likely to cause debates about driver’s rights and medical marijuana in states that allow it. In Georgia, however, More