DUI Lawyer in Cherokee County GA: Hire A DUI Book Co-Author!
By: William C. Head, DUI lawyer for 47 years and Co-Author of over 15 Books on DUI Law
Our three Cherokee County Georgia DUI lawyers have combined experience exceeding 89 years in total legal service. No other law firm acting as your DUI attorney Canton, GA, has more experience with serious traffic offenses. This article highlights the critical importance of skilled legal guidance for DUI arrests in Cherokee County GA.
These offenses include drunk driving and driving under the influence of marijuana, or under the influence of alcohol. Former police officer Cory Yager resides in Cherokee County and is the top litigator in Cherokee County, for criminal cases.
Also, Cory Yager is our most experienced boating under the influence criminal lawyer if you are facing a Cherokee BUI arrest. So, when it comes to any crime against you alleging being "under the influence," my law partner is you first choice for representation.
Can a first offense DUI in GA be expunged?No, it cannot in the State of Georgia. Other states like Michigan, Mississippi, Oregon, New Jersey, Maryland, and others have enacted such expunction or record-sealing laws for 1st offenders.
How long does a DUI stay on your driving record in GA? It NEVER can be expunged or restricted, even a lifetime first offense Georgia conviction. On this point, Georgia DUI law is among the nation's toughest states.
You take that criminal conviction to the grave. The Peach State has never had a Georgia DUI expungement law, so any prior convictions are still visible, even if processed in 1969!
This lifetime criminal record is the main reason to research the best DUI lawyer Cherokee GA. Even a DUI first offense Georgia conviction can ramp up your car insurance for years and even lower your credit rating, which costs you more in higher interest rates.
As embarrassing as the DUI arrest was for you, please understand that you need to fight your GA DUI marijuana or DUI alcohol case. Almost all Cherokee County DUI arrests will be docketed in the State Court of Cherokee County, which has misdemeanor jury trial jurisdiction.
Which Cherokee County GA Criminal Court adjudicates Cherokee County GA arrests for Drunk Driving?
If the DUI arrest occurred in the City of Canton, GA then these misdemeanor Cherokee County arrests GA will start in Canton Municipal Court, which is located a couple of blocks from the Cherokee County Courthouse Canton GA. If no acceptable case resolution is available in the Canton City Court, then your DUI lawyer can transfer the DUI charges to Cherokee County State Court, by making a demand for a jury trial.
For any repeat DUI offenders, the Solicitor’s Office will “flag” your pending impaired driving case and notify you (through the Cherokee County State Court clerk’s office) about your attendance being required at the Cherokee County DUI Court “orientation” program.
In a nutshell, this session is telling you that if you want to control punishment for a 2nd or 3rd DUI in Georgia, agreeing to sign up for the DUI Court program offer’s minimum jail time and ways to “burn off” the minimum, mandatory 240 hours of community service by agreeing to plead guilty and embarking on this 18 to 24 month long intensive rehabilitation program.
This MAJOR decision will come early in your case, so talking to an experienced lawyer for DUI near me is a wise and prudent move. In addition, for any drivers who are not facing their first offence DUI, then taking advantage of your NO-COST interview at our law office to learn about the pending administrative license suspension AND the pluses and minuses of opting for the DUI court program is vitally important.
Because our legal team members offer a free lawyer consultation with an award-winning DUI attorney Cherokee County GA, you have no excuse for "guessing" about the right thing to do. Call us now, 24 hours a day. 404-567-5515.
How the Georgia Department of Driver Services (GA DDS) is Involved in your DUI Case
Are you facing DUI possession charges lawyer Georgia? When someone is arrested for DUI (driving under the influence) in Georgia, the arresting officer must file an arrest report and supply certain paperwork to GA DDS detailing the person's arrest.
Our lawyers can obtain these police records to look for any additional charges, such as possession of illegal substances. Those other "possession" charges will not impact this administrative appeal process.
Then you will need to understand how the Georgia Department of Driver Services (GA DDS) is involved in your DUI case. Your GA DDS license suspension and reinstatement process, as well as any other license-related issues will be managed through this agency. Our experienced legal team can help guide you through each step of the process to ensure that your rights are protected, so call today and don't risk suspension.
Additionally, GA DDS may suspend your license if you are found guilty of violating the DUI Georgia law, as accused by the police officer. One type of charge is DUI less safe in GA.
A Georgia DUI less safe case can apply to alcohol or drugs. By being accused of such DUI alcohol or DUI drugs Georgia offenses, the officer must use other circumstantial evidence to prove that you were impaired by whatever substance the officer claims impaired you.
This is the only type of evidence the officer would have against you if the person refused post-arrest testing via breath alcohol testing or blood testing. Those who said yes to that implied consent testing following arrest may also face DUI per se (being over the legal limit) charges.
Those who have recently been arrested for driving under the influence (DUI) in the Peach State, need to be warned against NOT appealing the administrative license suspension that accompanies almost every DUI arrest in Georgia. Starting the day after your arrest for DUI, you have only 30 days to protect your driving privileges.
Those arrested citizens who no longer have their plastic license, and received a piece of paper called the DDS 1205 Form must take one of two options that are available to MOST Georgia licensees facing a misdemeanor first offence DUI charge. The person must:
- (1) Be age 21 or older; and
- (2) Be a Georgia resident; and
- (3) Not have a disqualifying event, such as a DUI conviction in the past 5 years, measured by dates of arrest, nor have suffered a previous administrative driver license suspension or revocation by the DDS in GA in the prior five years.
The goal of our attorneys is to fight these charges, and to get these administrative claims dismissed, if possible. If that cannot be done, in many cases, our goal is to work toward getting a limited driving permit for our client, and still fight the all-important DUI criminal case.
Doing nothing about this emergency situation will haunt you for the next full year, if you are needlessly rendered unable to drive, by missing the opportunity to fight the administrative suspension. This non-criminal license suspension is NOT part of the criminal court date coming up in the future, so don't think that, and mistakenly lose your ability to drive.
Find Your DUI Lawyer: Best in Waleska, Woodstock, Canton, Holly Springs or in the Unincorporated Areas within the County of Cherokee GA
Want a former law enforcement officer turned criminal defense attorney? The author is that person with nearly a decade in prior law enforcement jobs, before getting his law degree.
Want a former prosecutor handling both felony and misdemeanor crimes ranging from murder to failure to maintain lane? We have that criminal attorney, too.
Want a criminal defense lawyer with over 560 legitimate 5-star AVVO client reviews, including some Cherokee County Georgia DUI lawyer reviews? Larry Kohn is that criminal law attorney.
Want the DUI lawyer who wrote the leading book on DUI laws in Georgia back in 1995, and is still updating that book? He is also with our law firm, and now has made two of our other law partners co-authors for The Georgia DUI Trial Practice Manual (2023 edition).
Getting charged with DUI is a humiliating and scary experience that involves being arrested, taken to the police station, and held in a jail cell. A DUI conviction can result in:
- (a) serving jail time, which is followed by being on probation. Breaking probation rules can result in additional jail time for VOP (a violation of probation) regulations.
- (b) paying substantial fines and surcharges,
- (c) suffering a driver's license suspension,
- (d) having to perform many hours of community service,
- (e) paying monthly probation supervision fees,
- (f) being required to attend the risk reduction program (DUI school), and
- (g) possibly having to attend and pay for rehabilitative drug or alcohol education programs.
.Not every lawyer for DUI near me possesses the extensive expertise and understanding that comes from handling DUI cases for over 9 decades. Our team of attorneys is known statewide for aggressively defending DUI charges and has assembled a wealth of powerful resources (e.g., expert witnesses) to assist with all kinds of cases, regardless of their severity.
Our criminal lawyers are committed to protecting their clients' rights and providing exceptional legal assistance. You can trust them to safeguard your rights. See the image below for the headshots of our 3 DUI attorneys Cherokee County.
The State of Georgia relies upon blood tests and alcohol breath tests, and seldom tries to use urine testing. Saying NO to these requested post-arrest "chemical" tests (following a valid DUI arrest) may cost you the ability to continue driving.
If you seek the best DUI lawyer in Cherokee County, then Cherokee resident Cory Yager is your best choice. The ex-police officer for nearly 10 years is an expert in DUI defense and a regular seminar lecturer on DUI law topics.
The Kohn & Yager legal team can protect clients from serious charges and provide professional assistance in your criminal and civil legal proceedings. Choose a criminal law firm with a proven track record in over 10,000 cases, to help you with your DUI case. For a FREE consultation and learn about our fee payment plans, call 404-567-5515 now, 24 hours a day.