Cherokee County DUI Lawyer
At the Law Offices of Richard S. Lawson, our team of Cherokee County DUI Attorneys has over 50 combined years of experience. We are Georgia's top-rated law firm, and pride ourselves on being a firm you can trust. Our office is open 24 hours a day, 7 days a week to take your call. Call now for a free case evaluation.
A DUI Arrest Starts Two Cases Against You in Cherokee County
In Georgia, there are two separate cases in a driving under the influence (DUI) case. There is an administrative proceeding in which the Department of Drivers Services (DDS) attempts to suspend your license or your privileges to drive in Georgia. The second case is the criminal case where you face the possibility of jail time, a fine, and other penalties.
The DDS proceeding is started once you are arrested. In Georgia, you must request an Administrative License Suspension (ALS) hearing within 30 days of your arrest. This hearing is separate and distinct from your criminal case! Therefore, even if your criminal case is dismissed, if you failed to request an ALS hearing, your license will still be suspended. The hearing must be requested in writing with the $150 fee. Your Cherokee County DUI attorney will explain this process to you and make sure your driving privileges are protected!
The other side of your case is the criminal case. In Georgia, DUI cases can be charged as a misdemeanor or a felony. This depends on whether one has any prior DUI convictions and whether there was an accident or an injury to another person. If a person has a prior DUI conviction, there are significant jail sentences that a judge can impose.
Our DUI Lawyers in Cherokee County are able to assist you with both of these cases! With over 25 years of experience, our team will help you get the results you desire.
What Happens If I Failed the Blood or Breath Test?
We speak to numerous clients that believe there is no chance of a positive case result because they failed the breath or blood test. This is simply not the case. Our experienced Cherokee County DUI Attorneys will vigorously defend you by looking to expose flaws in the State's case and challenging any tests related to the arrest.
Our Cherokee County DUI Lawyers have successfully challenged hundreds of breath tests for our clients. Police officers make mistakes too, and sometimes the devices do not always give accurate readings. Our lawyers are familiar with the science behind these tests and the administrative and technical procedures that need to be followed to the letter when conducting these tests. We understand how these tests can be performed incorrectly and how this can make all the difference in the outcome of your case. How the test was administered and the training of the police officer are always elements to be reviewed. These devices must be maintained on a regular basis, and that information needs to be correctly logged. A failure to keep track or to properly maintain these devices can lead to inaccurate results.
With respect to a blood test, there are a variety of errors that could occur. From taking the blood to the lab procedures, there are arguments we can make on your behalf. We will review the chain of custody of the sample and also investigate to see if there is a history of lab errors. Furthermore, there are factors such as health reasons that could explain why your blood tested positive for alcohol.
If your tests results are found to be unreliable, they will not be admitted into evidence. This can result in the charges being dropped if there is insufficient evidence to achieve a conviction. However, even if the charges are not dropped and the case continues, our lawyers can cast doubt on the validity of the tests and create reasonable doubt of guilt in the proceedings. Lastly, even if you refused testing, there are defenses we can use to get a successful result in your case.
In order to give your lawyer the best chance at getting a positive outcome in your case, it is important for you to to be careful what you say to the police. The arresting officers are not on your side. They may ask questions that you think are harmless when, in reality, they are designed to confirm your guilt. By exercising your right to remain silent, you are making it easier for your Cherokee County DUI lawyer to protect your rights.
Cherokee County Superior Court
Cherokee County Superior Court has exclusive jurisdiction over all felony DUI cases. Additionally, if your case originated in State Court or one of the Municipal Courts, and you request a jury trial, you case will be bound over to Superior Court. The Court is located at 90 North Street, Canton, GA 30114.
Cherokee County State Court
Cherokee County State Court handles DUI cases that originate in an unincorporated part of Cherokee County. For information about the Court, you can call 678.493.6511. State Court is located at 90 North Street, Canton, GA 30114.
Ball Ground GA Municipal Court
Ball Ground Municipal Court handles cases involving city ordinance violations, traffic offenses, and other misdemeanors, including DUI and shoplifting, that occurs within the Ball Ground city limits. The Honorable Judge Gary Markwell presides over the Court. Court is held on the third Friday of each month at 10:00 a.m. in Ball Ground City Hall, located at 215 Valley Street, Ball Ground, GA 30107. For more information, contact the Court at 770-735-2123.
Canton GA Municipal Court
All cases involving misdemeanor traffic offenses, city ordinance violations, and misdemeanor DUI cases that originate within the city limits of Canton will proceed in Canton Municipal Court. Canton Municipal Court is held in the Public Safety and Municipal Court Building located at 151 Elizabeth Street, Canton, Ga 30114. Ms. Teresa Fitts is the Municipal Court Clerk and she can be reached at 770.704.1546.
Holly Springs Municipal Court
Holly Springs Municipal Court is held on the second and fourth Tuesday of each month. The Honorable Darrell Caudill Jr. presides over the Court. Court services can be reached at 770.345.5538, and Court is located at 3235 Holly Springs Pkwy, Canton, GA 30115.
Nelson GA Municipal Court
Nelson GA Municipal Court handles cases involving city ordinance violations, traffic offenses, and other misdemeanors, including DUI and shoplifting, that occurs within the Nelson city limits. Court is held at 1935 Kennesaw Ave, Nelson, GA 30151.
Woodstock Municipal Court
Woodstock Muncipal Court handles misdemeanor criminal, traffic, and city ordinance cases. The Court can be reached at 770.592-6030, and is located at 12453 Highway 92, Woodstock, GA 30188.
Contact Our Cherokee County DUI Attorneys Today
When you or a loved one have been arrested for DUI anywhere in Cherokee County, it is imperative that you hire a DUI Lawyer in Cherokee County. DUI charges can have life-altering consequences, even for a first conviction. Many people make the mistake of thinking prosecutors will let them off easy for a first offense, but that could not be further from the truth. Contact our office now to make sure your rights, freedom, and future are protected.