Traffic Attorney Near Me for a DUI Traffic Ticket in Georgia

By: Cory Yager, Ex-Police Officer, Legal Books Co-Author and Experienced Traffic Ticket Attorney Near Me in Atlanta GA – Over 1500 GA Traffic Tickets Successfully Handled

Many Atlanta traffic offenses may not seem like a big deal. The simple solution seems to be “pay it” in advance, online, and never bother going to Atlanta Municipal Court. Penny-wise and pound-foolish, as the idiomatic British phase warns.

In states like Georgia, every moving violation while behind the wheel of any motor vehicle is a crime. Georgia categorizes all motor vehicle tickets as misdemeanors. The reason alone justifies hiring a traffic lawyer near me in Georgia or at least discussing the cost-benefit analysis of legal representation.

Georgia is one of the few states from which NO mechanism for later expungement or “record restriction exists. A conviction for DUI in the Peach State is FOREVER.

Atlanta Traffic Offenses in Atlanta Municipal Court

However, traffic ticket violations can cause higher car insurance rates, expensive fines, or possible loss of that offender’s driver’s license. Therefore, it is vital for you to keep a clean driver’s record.

The State of Georgia has no traffic infractions as are found in Colorado and several other jurisdictions. Every moving violation in the Peach State is a misdemeanor office, which goes on your criminal record and your driving history.

Accident cases are always very problematic when injuries or significant property damage occur. Pleading guilty can be one of the worst mistakes you could make. This becomes an “admission against interest” and can preempt later challenging the driver as having been at fault in any related civil litigation from the same accident.

This article will highlight why every person reading this Article should take advantage of a FREE consultation, by phone, before acting. By contacting an experienced, professional traffic ticket attorney who is knowledgeable and trained on handling City of Atlanta traffic citations, your case may be dramatically improved.

An accomplished attorney could provide you with the legal advice you need going forward. Call today to schedule a case review.

Any Traffic Ticket in Georgia Is a Misdemeanor Crime

The State of Georgia offers no different “levels” of traffic offenses for cases pending in the Municipal Court of Atlanta. If someone gets ticketed for a moving violation, they are facing a misdemeanor offense. That crime is posted on the GCIC (Georgia Crime Information Center), and the Georgia Department of Driver Services (Georgia DDS).

Examples of misdemeanor traffic offenses include:

• Speeding tickets, including Super Speeder GA high-speed violations
• Improper lane change
• Failure to maintain lane
• Illegal U-turn
• Following too closely
• Running a stop sign
• Red light violation
• Failure to yield

When Is a DUI a Felony in Georgia?

Some serious traffic offenses can be the underlying “predicate” offense to escalate charges to a related felony for serious injury by vehicle, vehicular homicide, or feticide by vehicle. Plus, by a special statutory provision, any school bus driver convicted of DUI while operating a school bus will be charged as a felony. For all crash cases involving charges like driving under the influence you need to hire a skilled traffic accident attorney.

The other underlying misdemeanor crimes that can support felonies are:

• Reckless Driving
• Reckless Stunt Driving
• DUI in Georgia
• Leaving the scene of an accident (hit and run)
• Attempting to elude a law enforcement officer
• Passing a stopped school bus discharging or loading passengers and having the “stop” flag and red emergency lights activated.

The City of Atlanta Traffic Court

Traffic court cases arising within the city limits of Atlanta GA are first docketed at the municipal court of Atlanta. These arrests can be made in Fulton County, with a smaller area within DeKalb County and a very small sliver of property near the airport that lies in Clayton County. If a jury trial is requested, any Atlanta traffic court case will be transferred to the appropriate State Court for these three counties.

They can also be heard at the state court of Fulton County, and a small section of traffic cases are sent to DeKalb County. Even though the airport is considered in the city of Atlanta, all airport violation cases go to the state court of the county where it occurred.

People that want to appeal a traffic offense will do so at the Court of Appeals, either from a state or municipal court to the superior court. Under OGCA Section 5-3-4, a person is entitled to a direct appeal from municipal court to superior court.

For appealing Atlanta traffic offenses, it is imperative for the offender to obtain legal counsel. A well-trained lawyer is going to know how to proceed with the case to possibly get the charges lowered or even dropped. If this is botched by a pro se person appealing his or her own case, the likelihood of failure is near 100%.

Penalties for a Traffic Misdemeanor Conviction in Atlanta

Georgia does not differentiate between traffic infractions and misdemeanor offenses. A penalty for a traffic infraction can be up to 12 months in jail and a $1,000 fine.

For a first lifetime offense, jail is not likely, but it depends on the type of offense. Someone with a traffic offense could also face probation or mandatory community service. Potentially, it can include some form of a license suspension. If someone accumulates 15 points or more on their driver’s license in 24 months, they will have their license suspended.

Traffic Violation Felonies

The Georgia Legislature has altered Georgia law to permit certain serious traffic violations to become felony offenses. A fourth offense DUI has been part of Georgia DUI laws since July 1, 2008.

Plus, a fourth conviction for while driving without a license is a felony, because the driver would have been declared a habitual violator on the 3rd conviction.

Whether facing a misdemeanor or felony, it is vital for any person charged with an Atlanta traffic offense to contact a traffic attorney near me immediately. If someone is facing a potential felony charge, an experienced traffic lawyer could possibly get the charge reduced to a misdemeanor. If you have been charged with an offense, you should seek the services to make sure that your rights are being protected. Call today to schedule a case review with a dedicated attorney.

Some people are cited for a traffic ticket and think that this is a mere nuisance, and “I’ll just pay it online.” Many times, when this is done before consulting with a traffic court lawyer, the person who decides to represent himself or herself lives to regret the decision.

Do I Need an Attorney for My Atlanta Traffic Ticket?

If you don’t need to drive, and care even less about points accumulation, or the cost of your automobile insurance bills, don’t read this section. For all others, these are eleven (11) motivations for deciding to retain a traffic offense attorney for a traffic violation charge:

1. Convenience: Being too busy or taking time off from work to have to appear in court. This may be due to the court location being a long distance from where the driver lives.
2. Keeping your car insurance rates low: Many states have an integrated auto insurance and motor vehicle crimes law (e.g., SC), where every reported traffic violation immediately pushes up your insurance premiums.
3. Avoiding points being added to your DMV-DPS-BMV-DDS record: All states use a “demerit points system ” for tracking scofflaws who repeatedly fail to obey traffic laws. Accumulating points causes license suspension, sooner or later. Youthful drivers under age 21 are limited to very few points in Georgia before being suspended by DDS Georgia.
4. Job impact: In 2020, nearly 35% of all Americans will have some transportation-related employment. That number has gone up since 2016, when 30% were classified as driving dependent. Uber, Lyft and other rideshare companies have boosted these numbers greatly.
5. Knowing what to Argue and How to Win. The driver charged with an offense may dispute one or more aspects of the pending traffic citation. Once defense is that the alleged speed being reported by the officer was given as being too high. A traffic court attorney knows the many ways to “contest” the case.
6. What can Be Lost if Convicted. Use of a company-supplied vehicle can be a big employment “perk.” Losing this job benefit could cost you $700 to $1000 a month, if you had to buy a comparable new vehicle, plus insure it and pay maintenance costs on it.
7. Having your License Suspended and then Using a Limited Driving Permit. A driver already on some type of Georgia limited driving permit (e.g., possibly has opted for the ignition interlock driving permit under OCGA 40-5-64.1) or restricted driver license and cannot have any new traffic offenses and continue driving. The outcome of this traffic case will decide if the accused driver keeps his or her ability to drive.
8. For CDL License Holders, a DUI arrest in Any Vehicle Imposes a 12-month Prohibition of Driving a Big Rig Vehicle. Trucking accidents for a CMV (commercial motor vehicle) driver must be fought to not permit any serious traffic ticket to be reported on your CDL license. These crimes could suspend that CDL license holder’s driving privileges or cause job termination. A person with a CDL license needs to fight every ticket, whether in an 18-wheeler or in his or her personal vehicle. Traffic lawyer cost is a mere drop in the bucket for losing a highly paid over the road truck driver job.
9. Many Other States Impose a License Suspension for Crimes that Georgia Does Not. Some states have very tough criminal sanctions for high-speed driving. Virginia, North Carolina, Washington DC, Florida and Connecticut are some of those jurisdictions. Virginia reckless driving charges carry jail time and going 20 mph over the limit qualifies for driving recklessly.
10. DUI-Related Crashes put Everything on the Line. Truck or car accident claims with substantial financial exposure in a civil lawsuit judgment in personal injury cases that would arise from this collision.: Some drivers realize that this at-fault collision may result in a judgment that will exceed their liability insurance coverage. Our firm can help find both a civil accident lawyer and act as the criminal traffic ticket lawyer in the case.
11. If another Person Suffers Serious Injury or Death, even a First offense DUI or Reckless Dring can Support a Felony Indictment. Car wrecks that are based on cases involving a serious motor vehicle crime like hit and run, DUI-DWI, reckless driving or attempting to elude an officer are “predicate” driving charges that can support a felony, if serious injury or a fatality has occurred: Car accident cases need the best traffic accident lawyer as well as a personal injury attorney who can help settle all claims.

To settle all claims from a multi-victim auto accident within insurance policy limits, an intermediary is often required to “guide” the defense negotiations when different firms represent each claimant. Working with your insurance policy limits for all related auto accident claimants by balancing the competing interests and claims for pain and suffering, vehicle damage and loss of wages claims often can take a great deal of back-and-forth mediation and is a thankless job.

A local, experienced traffic violation lawyer near me can make a huge difference in the outcome of most (but not all) traffic violation cases. Over 50 possible types of traffic ticket case resolutions have been structured by one of our veteran traffic citation attorneys near me in metro Atlanta. If all suspected drunk drivers knew to NEVER take field sobriety tests, this one favorable move could help most to have a great chance to win their cases.

Settlement options include dismissing charges, reducing charges, changing charges to non-reportable offenses, using driving school, and other creative solutions. In most of our cases, we can achieve much better results than just paying fines and facing license suspension or revocation.

Top Ten Rules for Choosing an Attorney for Traffic Tickets Near Me

1. Total number of misdemeanor GA traffic cases handled by the attorneys at this firm.
2. Familiarity with the Georgia court where the traffic case is pending.
3. Has received legal industry awards, recognitions, and accolades in the Atlanta metropolitan area.
4. Prior high-level client attorney ratings posted on sites like AVVO and Google.
5. Having a “capped” legal fee limit (flat fees) for most routine traffic cases not involving accidents.
6. Clear knowledge of both this practice area and the many solutions that will help mitigate your insurance, points and financial “costs.”
7. Operates by getting you to execute a power of attorney authorization so that you never (or only once) must go to court on non-serious driving violation cases.
8. Permits a FREE consultation and (if the lawyer is retained) gives you his or her cell number for purposes of quick communication.
9. Has office staff to take calls with your traffic attorney Atlanta is in other court cases.
10. This allows you an opportunity to explain your case and provides a positive attitude about being able to get something done to lessen the impact of the pending charges.

Using AVVO or the Georgia Bar directory, you may be able to search for prior bar complaints on the ticket attorney. Finding whether a traffic ticket lawyer near me has ever been subject to discipline is important.

In addition, you should also know that low lawyer ratings by prior clients can be a red flag. Although Bar-related disciplinary actions do not necessarily impact the attorney’s competence to handle your traffic violation case, what you learn from negative client ratings may impact your hiring decision.

More About Our Atlanta Traffic Lawyers at Our Three-Partner Legal Firm

In all 50 states and the District of Columbia, online searches occur for a traffic violation attorney near me. The author is a Georgia traffic attorney, Atlanta-based, and covering a 19-county area centered on Atlanta Georgia.

Additionally, our law office is linked to over 20 other highly capable traffic lawyers in every corner Georgia for local traffic ticket violations of every type and description. These can be anywhere in the State of Georgia.

Getting charged with a DUI in Atlanta can be intimidating, and going into trial alone can be scary. Experienced attorneys can help. The outcome of your case could significantly benefit from guidance from a skilled DUI lawyer who can help you prove your innocence. Contact an Atlanta attorney with drunk driving trial experience to begin building your defense.

Atlanta DUI trials tend to be heard at the Municipal Court of Atlanta. If a person wants a jury trial, they would be moved to the state court of Fulton County or potentially DeKalb County. There is a small segment of the City of Atlanta that is in DeKalb County. The City of Atlanta only has bench trials that typically take six months. In the city court of Atlanta, it is unlikely a case will be decided by a jury. To learn more about what to expect, contact an attorney today.

The Severity of the Charge

If a person loses in an Atlanta DUI trial, the penalty is generally worse than if the person walked in and simply pled guilty. The judge or jury will look at the overall record of the defendant and then decide as to what the appropriate sentence is.

Oftentimes, judges want to dissuade people from trying cases and taking up the court’s time, so they will put a harder penalty on trial than if the person walked in and plead guilty. They want to discourage people from taking up their time with the Atlanta DUI trial process, and there are a lot of cases to be heard.

The Dynamics of a Litigated DUI Case

Atlanta DUI trials typically take two days on average. In trial cases, there must be a “record” taken down by a court reporter creating a verbatim transcript or via electronic recording.

There is no difference in an Atlanta DUI case versus any other impaired driving case, but they would typically need to prove beyond a reasonable doubt that there was some element of bad driving. In certain cases, the impairment of the individual, to the point that it is unsafe for them to drive, shows the element of bad driving.

The judges like to expedite and close Atlanta DUI trials within a six-month period. Other than that, there is nothing different about Atlanta cases versus many others. Oftentimes, the prosecutors in Atlanta can be willing to work a case out to a non-DUI as opposed to a conviction. Most people would rather move their case for a jury trial than resolving their case within the City of Atlanta.

The Role of an Investigator

The first thing an investigator will look at is any prior history of drunk driving. They will then try to establish the individual’s alcohol level at the time of the arrest and whether there was an accident associated.

They look for aggravating factors before they look for mitigating factors. However, the main thing that will determine what sentence is going to be offered in the case is a person’s criminal history and the facts of the case.

How the Prosecution Presents Its Case

The solicitor and prosecutor present the government’s case against the driver. They will generally present the police officers, plus use any civilian witnesses and perhaps a representative from the GBI crime lab. Any expert witnesses to explain how the alcohol could affect the driver or, perhaps if it was a prescription drug case, how the prescription drugs affected the person.

Appealing a Case after an Adverse Decision in the Trial Level Court

Should a person lose in a municipal court bench trial (meaning no jury trials occur in municipal courts) an appeal can sometimes be successful. A direct appeal goes to the superior court of the county that the municipal court is physically located within.

Also, in State Courts where legal issues were ruled upon before trial, a direct appeal to the Georgia Court of Appeals is available. Usually, these appeals will pertain to pre-trial hearings on legal motions filed by your DUI lawyer, but the requested exclusion of certain evidence was denied by the trial judge.

Because you Receive a FREE Lawyer Consultation, what are You Waiting For?

Discover how an Atlanta criminal lawyer from our law firm can help protect your right to drive, by representing you on your traffic ticket case in Georgia with a NO COST initial interview. Start by reaching out to us on our 24-HOUR NUMBER: (404) 567-5515. Our Partners will provide that FREE lawyer review of your case facts and answer questions about legal fees and payment plans.

Get FREE legal advice from Atlanta DUI lawyer former cop and a top-rated Georgia traffic ticket lawyer Cory Yager, or from Partner Larry Kohn who has more than 26 years of experience in traffic courts, while handling over 3500 traffic citation cases in Georgia.

Mr. Kohn has also garnered over 580 FIVE–STAR AVVO reviews from former clients and has been to the Atlanta Courthouse hundreds of times. Both law partners have repeatedly been named to Super Lawyers in Georgia, as criminal defense attorneys.