Atlanta Criminal Defense
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A veteran Cobb County DUI lawyer is in Cobb County State Court almost every day, defending clients against serious Georgia drunk driving charges. Most of our clients had the misfortune of spending at least one night in the Cobb County Adult Detention Center.
When you get back home, one of your first calls you make should be to a top defense lawyer in Cobb County who will listen to everything that happened and will begin to build a solid DUI defense tailored for your specific circumstances. We know how to beat a Cobb County DUI. A thorough case review often includes breath test defenses that question how the State collected its chemical evidence.
Cobb County, located in Northwest Georgia, has some of the highest DUI arrest rates in the State. Not just in total number, but in drunk driving arrests per number of citizens. The Cobb County Police Department aggressively patrols the major roads and highways that run through unincorporated Cobb County, including I-75, I-575, I-285, South Cobb Drive, Hwy 41, and the 120 Loop. Enforcement is not limited to county roads, and DUI arrests at national parks in Georgia raise distinct jurisdictional questions.
The first hurdle you face is what is called the “Georgia 10 Day Rule.” This means the GA Department of Driver Services (DDS) will receive notification of your driving under the influence arrest and will begin an Automatic License Suspension immediately. If you do nothing, your GA driver’s license may be suspended for up to 12 months. We can stop this suspension by filing a letter of appeal within “10 business days” of your arrest. That appeal deadline is only the beginning, and how long a DUI case takes in Georgia depends on the court handling it.
You should immediately begin working with a top-rated Cobb County DUI attorney to start fighting against your DUI and related traffic offenses. You want to keep your Georgia driver’s license valid and continue to drive to work and school.
If you cannot legally drive for 12 months, it will be even more difficult to get to your court dates. And MARTA does not have bus service in Cobb County, but you can use a Cobb Community Transit (CCT) bus to get there. Take Bus 45 from the Marietta Transfer Center.
Your first appearance in State Court of Cobb County is called a DUI arraignment, but you DO NOT have to appear in person. A lawyer from our firm will appear for you and enter a plea of not guilty. Before this initial hearing, your lawyer will talk over the types of pleas you can enter. We advise all of our clients to plead “not guilty” so we can begin to challenge the State’s evidence against you. Those discussions also cover possible sentencing terms, which in DUI cases can include attending a victim impact panel.
While he is in the court building that day, your attorney will file pre-trial motions to obtain copies of your breath test results, your blood test results, and any other chemical tests the police ordered. Your attorney will also request to get a copy of your arrest video so he can watch it and discover any police errors made during your arrest.
It is rare but not impossible to get a drunk driving charge dismissed or reduced to reckless driving. Over 92 percent of all people arrested for DUI in Cobb County are convicted. This is mainly because almost every defendant either pleads guilty at their first arraignment, or they hire an attorney who advises them to plead guilty and “accept the consequences.”
You do not want to be found guilty in State Court of Cobb County of driving under the influence of alcohol or drugs. The initial costs shown above barely scratch the surface. Think about how your future job prospects and income can be curtailed, how much more you will pay for car insurance, and what if the college you want to get into denies you admission because of a criminal conviction? Georgia’s impaired driving statutes also have a counterpart on the water, where boating under the influence is prosecuted just as seriously.
A DUI in Cobb County, Georgia will weigh on you financially, physically, and mentally. You may have to hide this “secret” and feel constant guilt and shame. It doesn’t have to be this way. We are here to stop this nightmare from ever happening.
Our veteran Cobb County DUI lawyers successfully defend against the following criminal charges: Marietta DUI, Acworth DUI, Kennesaw DUI, Austell DUI, Powder Springs, Smyrna DUI and Mableton DUI. We have won many difficult DUI cases in Cobb County State Court and Cobb County Superior Court, and no police evidence is too damaging to overcome.
Although there are a number of ways to fight a DUI arrest, some of the most common tactics include challenging the arresting officer’s reasons for initially stopping you and/or suspecting you of DUI, questioning the accuracy of your chemical test results, and proving that your field sobriety test results are unreliable. A skilled attorney can evaluate the circumstances that led to your arrest and find any potential flaws in the evidence against you
If you had a very high blood alcohol content, or BAC, on the breath test machine, if you failed the field sobriety tests miserably, and even if injuries or death occurred, do not despair. One of our veteran Georgia criminal lawyers will talk to you about your pending charges, and will defend you at every court appearance and attack the prosecutor’s case.
A first Georgia DUI conviction carries 10 days to 12 months in jail, but the judge may probate all of it except 24 hours when the alcohol level was 0.08 or higher. Many first offenders in Cobb County serve only that day, and the time spent in jail at arrest usually counts toward it. Actual jail time climbs when the case carries an aggravating fact such as a high test result, a wreck, a child in the car, or a prior DUI. Our guide to what increases a Georgia DUI fine and jail sentence explains each one.
Thirty days. The arresting officer serves a notice that starts a 30-day window to request an administrative license hearing or to elect an ignition interlock permit. Miss the deadline and the suspension takes effect on its own, long before a court date in Marietta. This is the first thing a Marietta DUI attorney handles in a new case. Our ALS hearing page walks through the choice.
A first offense DUI in Cobb County is a misdemeanor. The sentence includes a fine of $300 to $1,000, at least 40 hours of community service, a DUI Risk Reduction Program within 120 days, a clinical evaluation, and 12 months of probation less any days served. The driver’s license is suspended for 12 months, with early reinstatement possible after 120 days once DUI school is complete and the restoration fee is paid. Most misdemeanor DUI cases from Marietta, Smyrna, Kennesaw and Acworth are heard in the State Court of Cobb County, or in a municipal court such as Marietta, Smyrna, Kennesaw or Acworth when a city officer made the arrest. The first offense DUI in Georgia page covers the full sentence.