Fulton County and Atlanta police officers make hundreds of arrests each week for Driving Under the Influence ( DUI ) charges. Troopers from the Georgia State Patrol make DUI arrests as well. Typically, when someone is stopped by an officer and arrested for DUI, they will get notice of an initial court date several weeks from when they make bond. This first court date is usually in a municipal court. There are many police forces and agencies in Fulton County Georgia. The Cities of East Point, College Park, Dunwoody, Sandy Springs, Roswell, Johns Creek, Alpharetta, and Milton, amongst others, maintain thier own municipal courts. The City of Atlanta has its own municipal court downtown on Garnett St. At these initial arraignment dates at municipal court, your attorney will discuss the case with the prosecuting attorney - known as the solicitor - and begin the plea bargaining process. They will also request the evidence the prosecuting attorney has against you - such as police reports, video and audio recordings, wtiness statements, and criminal and traffic histories. This also includes results from breath and blood tests. Many times, a plea deal can be reached in one of these municipal courts. If not, you will discuss "binding the case over" to Fulton County State Court. If you want a trial in a DUI case, the municipal courts of Fulton County are not trial courts. Jury trials are only held in Fulton County State Court. Most DUI cases are misdemenors and Fulton State Court has jurisidiction to hear misdemanor DUI offenses. If your DUI is being charged as a felony (often in cases if there are prior DUI convictions or
serious accidents and injuries resulting from the DUI), a trial on the case will be heard in the Fulton County Superior Court.
What can be helpful or problematic depending on the particular circumstances of the case, is that when a case goes to Fulton County State Court or Superiour Court for motions and a jury trial, it may take over a year to get an initial court date. Being reached on a trial calendar make take an additional year or more. This process can be a stategic benefit, but can also be a real hardship on someone who has lost their license and wants to clear their name by winning a trial. While the filing of a speedy trial demand can help a little, their are still some problems with getting to a jury quickly in Fulton County DUI cases.
Another recent development is that Georgia State Troopers are bypassing the City of Atlanta municipal court and sending all of their cases straight to Fulton County. The State Troopers make a large percentage of Atlanta / Fulton County DUI arrests. Several months ago, Atlanta Braves pitcher Derek Lowe was arrested in Atlanta for DUI. The case went to the City of Atlanta Municipal Court and the solicitor there dismissed the charges without consulting with the arresting officer. In response to the dismissal of Lowe's case, the Georgia State Troopers are avoiding the City of Atlanta Municipal Court (which they have the option of doing) and proceeding directly to Fulton County State Court. This will slow down the process for these cases considerably.
Fulton County DUI attorney Richard Lawson and his team of skilled lawyers have experience defending clients in DUI cases in Fulton County State and Superior Courts as well as in the City of Atlanta and other Fulton County municipal and local traffic courts. Our lawyers get clients the best possible outcomes - whether it is by
negotiating a plea bargain or going to trial. Many times clients come to us uncertain as to how the DUI process works in Fulton County. We can help you decide whether a plea or trial is better for you if you are not sure what you want to do with your case. We also help clients everyday navigate the severe drivers' license penalities associated with a DUI. While it seems like double jeopardy, Georgia courts have upheld the validity of making DUI accused drivers face two different prosecutions in which they face losing their Georgia drivers license or driving priviliges if they are an out of state licensee.
So in addition to having a hearing date in a Fulton County State Court or municipal court, there will also likely be an administrative suspension hearing in which we contest the Georgia Department of Drivers Service suspension of your license. This hearing is often held before you ever go to court on the underlying criminal prosecution. These two prosecutions often interplay, so it is important to talk to a Fulton County DUI lawyer as soon as possible to begin to strategize and protect your rights.
Jail time, probation, high fines and fees, and suspension of your drivers license are all on the line in a Fulton County DUI prosecution. In addition, in Georgia, a conviction is forever. If you are convicted of DUI, it will stay on your record without ever "dropping off" or becoming eligible for expungment. This can be problematic if you are uncertain about your future career or educational plans.
If you or a loved one has been arrested for DUI, call our Fulton County DUI lawyers for a free case consultation.