East Ellijay DUI Lawyer
At The Law Offices of Richard S. Lawson, we have been fighting DUI charges for over 25 years. We have dedicated our lives to defending those charged with DUI and have built a robust team of East Ellijay DUI Attorneys that are extremely capable of assisting with your case. Our founder, Richard S. Lawson, is a former North Georgia prosecutor who gives us the upper hand. He understands how the State handles DUI cases because he was once on the other side. Let his knowledge plus our decades of experience help achieve an excellent outcome in your case.
East Ellijay DUI Defense
When you have been arrested for DUI, it is critical to understand that a DUI arrest does not mean you will be convicted of DUI. An experienced and knowledgeable East Ellijay DUI Lawyer will look at all the evidence and determine which defenses are applicable and what defenses can be raised. Some of the areas our DUI Attorneys in East Ellijay will look into include, but are not limited to:
- The Traffic Stop: If the arresting officer r did not have a good reason to pull your over in the first place, then this can be used as a defense to a DUI charge. Some common traffic violations that police pull people over for in DUI cases are failure to maintain a lane and improper lane change. However, even if you commit one of these traffic infractions, it does not mean that you were impaired. You could have swerved for any number of reasons, such as avoiding debris on the road. Therefore, sometimes a successful defense of the initial traffic stop can lead to a dismissal of your DUI charge.
- The Roadblock: When a police department is conducting a DUI checkpoint, there are specific laws that the officers must follow. For example, the roadblock must have a legitimate purpose and all cars must be stopped. If the protocols are not properly followed then your case may be dismissed because the roadblock was constitutionally impermissible.
- The Field Sobriety Test: In most cases, police officers will request that you submit to field sobriety tests in order to determine intoxication. The tests include: the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. Your ability to successfully complete these tests will help the officer determine if you are impaired. However, people can fail field sobriety tests or perform poorly on these tests for a number of reasons, even if they are completely sober. For example, your weight, age, and the weather conditions can have an impact on how you perform on the tests.
- The Implied Consent Notice: Georgia, like most every state, has an implied consent statute that requires an individual who is arrested for DUI to submit to a chemical test in order to determine his or her blood alcohol level. Your consent is 'implied' when you drive on the roads of the state. Officers are required to read an implied consent notice to a person who has been asked to submit to a chemical test. If the officer does not read the notice, the notice is not the current or correct version, the officer somehow misleads you or otherwise does not follow protocol, your East Ellijay DUI Attorney may be able to get the the results of the chemical test suppressed.
- The Chemical Test: There are a number of things that can affect a chemical test and therefore its admissibility. If the equipment used to test a suspected drunk driver's BAC levels is not functioning properly or has not been properly maintained then the results the device produces may be incorrect. If you are not given the test within a certain time period, three hours in Georgia, the results may not be admissible. In addition, there are others things that can affect the test results such as residual mouth alcohol, medical conditions, or even substances like mints.
These are just a few examples of defenses that a knowledgeable East Ellijay DUI lawyer can raise in order to fight your DUI charge. Again, what defenses are applicable to your case will depend on what happened. If you or a loved one has been arrested and charged with driving under the influence in East Ellijay call us immediately so we can start building your defense.
East Ellijay DUI Municipal Court
East Ellijay Municipal Court has jurisdiction over cases involving local ordinance violations, traffic offenses, and other misdemeanors, including DUI and shoplifting, that occur within East Ellijay Municipal Court. The Honorable Judge Robert Sneed presides over the Court. Court is held at 107 East Oak Street, East Ellijay, GA 30539. For more information, call 706-276-3111.
Contact Our DUI Lawyers in East Ellijay Today
Don't spend your time worrying about what a DUI conviction may do to your future! Contacting an East Ellijay DUI Attorney is the first step you should take and it should be done immediately. You only have 30 days after your arrest to take action or else your license will be automatically suspended. Call us now for a free case evaluation. Our office is open 24/7 hours a day, 7 days week to take your call.