Atlanta DUI Defense Lawyer - Ben Sessions

Ben Sessions has dedicated his practice to the defense of clients charged with driving under the influence and alcohol or drugs in Georgia.  Unlike general practitioners, our Atlanta DUI lawyers and Georgia DUI lawyers specialize in Georgia DUI law and have successfully defended clients facing drunk driving charges repeatedly in Atlanta and throughout Georgia.  Ben Sessions understands that a DUI can have severe consequences for those accused of DUI, and he is committed to fighting DUI charges.

Through his knowledge of the facts of his client's case, and knowledge of Georgia DUI law, Ben Sessions is frequently able to negotiate non-DUI dispositions on behalf of his clients. In cases in which an acceptable negotiated resolution of your DUI charge cannot be reached, our Georgia DUI lawyers and Atlanta DUI lawyers will be prepared to defend you through motions hearings and a trial, if necessary.

• We deliver exceptional results in the defense of DUI charges in all levels of courts in Atlanta.
• We consistently negotiate exceptional resolutions of Atlanta DUI charges prior to trial through unparalleled preparation.
• When acceptable negotiations are not possible, our Atlanta DUI lawyer will be prepared to contest your DUI case at a trial, if necessary.

In the course of our representation of you, we will insure that you are informed as to the process which your DUI case will undergo.  Our Atlanta DUI lawyer will represent you in any administrative license suspension action which may arise as a result of your Atlanta DUI charge.  If you have a Georgia driver's license, we will advise you regarding the potential impact upon your driver's license which may result from an administrative license suspension and/or a DUI conviction.

As a frequent destination for travelers, Atlanta is often a location where out-of-state licensees are charged with DUI. The potential impact of an Atlanta DUI charge upon your out-of-state license is two-fold. The out-of-state licensee, like the Georgia licensee, may suffer a suspension of their license prior to the conclusion of the criminal case if they suffer an administrative license suspension. If you are ultimately convicted of the criminal DUI charge, your out-of-state license will most likely suffer a suspension of your out-of-state license. If you do not have a Georgia driver's license, we will provide you with a referral to a qualified DUI lawyer in your licensing state who can advise you regarding the impact of an administrative license suspension and/or a DUI conviction upon your driver's license. Ben Sessions can navigate you through the confusing process of fighting a Georgia DUI and help you minimize the risk of a DUI conviction.

Our experience has been that clients generally want just two (2) pieces of information at the outset of their case: (1) A clear explanation of the possible penalties they face as a result of the DUI charge, and (2) A clear plan for getting out of the situation.

In the initial consultation, we provide a clear explanation of the statutory penalties which may be imposed upon a DUI conviction. We also provide an explanation of the possible driver's license consequences which may result from the DUI charge. It is important to recognize at the outset of the case that the criminal consequences of DUI conviction and the possible administrative license suspension consequences are separate matters. Also, many of our client's face "collateral" consequences (i.e., employment ramifications) which may be their foremost concern as a result of the charge. We provide you with a plan for addressing each of these aspects of the case at the outset. We cannot always completely mitigate the consequences of your DUI charge, but can provide you with a clear explanation of the consequences so that you are not "blindsided" by problem that may have been unanticipated. The ability to forecast possible collateral issues that may impose a severe hardship upon clients is gained as a result of experience. You can rely upon the experience of our DUI lawyers to provide you with insight that other practitioners may have simply not recognized.

Most importantly to most clients, our DUI lawyers can provide you with a clear plan to attack the charges in your case. As a result of our experience, there is hardly ever a fact pattern or issue that is foreign to our lawyers. We pride ourselves in maintaining a level of training and trial skill development that is second-to-none. We understand the issues in the law that continue evolve and we know the issues that can be leveraged to the benefit of our clients. We encourage you to take the time to sit down and speak with our lawyers. We believe that you will see a clear difference in the level of commitment that we place in each of our client's cases.

The Investigative Process We Undertake in Your Atlanta DUI Case

The key to consistently exceptional results in the defense of DUI charges is conducting the most thorough investigation possible and understanding applicable law and science governing the case to such a degree that weaknesses in the case can be exploited.  If a thorough investigation is never conducted, a lawyer can understand the applicable DUI law but overlook available defenses.  Further, if a thorough investigation is performed but the lawyer does not have sufficient training and experience to evaluate the evidence, defects in the evidence may be overlooked.  The investigative process that we perform in each and every case allows us to discover defenses to your DUI case that otherwise would have gone unnoticed. Our Atlanta DUI lawyers work to stay on the cutting edge of defenses to DUI charges.

The investigation undertaken in any particular DUI case is only limited by your lawyer's initiative and creativity.  Obviously, some of the evidence obtained in the investigative process is not ultimately beneficial to the defense, but one never knows what the evidence will show until it is obtained and reviewed.  Because you only get one shot at the defense of your DUI case, you want to know that no effort has been spared in the effort to discover evidence which can lead to a successful defense of your charges.  Below are some of the major pieces of evidence that we work to obtain:

Charging Documents.  Most DUI charges can be brought through what is called a Uniform Traffic Citation ("UTC") or a formal accusation.  A UTC is what we think of as a ticket.  Most Atlanta DUI cases begin with the filing of a UTC. I rarely see charges brought with the filing of a formal accusation in Atlanta Municipal Court. Thorough DUI lawyers carefully scrutinize these charging documents for errors that can provide a defense to DUI charges.

Incident Reports.  Incident reports contain important information that is important in evaluating DUI cases.  However, incidents reports are only a starting point in the process of obtaining all of the information relevant in the defense of most DUI cases.  We frequently see incident reports that supply information which can form the basis of the defense of DUI charges.  Most DUI lawyers recognize that are multiple other sources of information that contain information which should be consulted prior to committing to a particular course of action in the defense.  No lawyer accepting a DUI should simply rely upon the incident report in evaluating your case.

Training Records.  A thorough investigation of every DUI case includes an examination of the relevant officers' training records and certifications. A crucial error that many lawyers make in the handling of DUI cases is failing to understand the significance of an inexperienced arresting officer.

Scene Visits.  Visiting the scene of the stop and arrest can provide critical evidence in the defense of a DUI case.  In every case in which there is a question as to the basis for a stop where a traffic violation is alleged, we visit the scene.  In DUI cases where an accident occurred, a visit to the scene is required to adequately cross-examine the arresting officer.  It is important that your DUI lawyer knows as much, if not more, about the scene of the accident as the arresting officer.  We also frequently find that a personal visit to the scene of a DUI arrest reveals conditions that are inappropriate for the performance of field sobriety evalutations.

Roadside Video Recordings.  Perhaps no piece of evidence is more critical to the evaluation of a DUI case than video recordings.  Video recordings are important for several reasons.  First, video recordings may provide a basis for the suppression of all evidence in the case, field sobriety tests, or the state-administered test of the person's blood, breath, or urine.  Second, even if evidence cannot be fully suppressed, the video recordings may provide a basis for attack upon the officer's administration of field sobriety tests.  Third, the video recordings provide us with direct evidence of our client's state of sobriety.

Breath Testing Video Recording.  In some DUI cases, video recordings of our clients submitting the state-administered breath test are available.  It is the responsibility of your DUI lawyer to discover whether this type of evidence is available in your DUI case.

Booking Photos.  Where it is possible, we obtain booking photos of our clients.  This can be important evidence to refute allegations regarding the appearance of DUI suspects.

Blood, Breath, and Urine Testing Data.  If it is determined that the blood, breath, or urine test in your case will likely be admissible in your DUI case, your DUI lawyer must obtain the relevant data to attack those tests.  It must be recognized that even if your DUI lawyer obtains the relevant data, it takes an exceptional level of specialized training to evaluate this evidence.  Our DUI lawyers have undergone extensive training to effectively recognize and exploit deficiencies in your blood, breath, or urine test.

Client's Medical History.  Any DUI lawyer that regularly defends these cases knows that a client's medical history frequently provides an excellent basis for the defense of these charges.

Successfully representing clients facing DUI charges in Atlanta, Georgia requires an understanding of the multiple different types of officers and cases which we frequently see in this jurisdiction. In Atlanta, DUI cases are made by multiple different agencies, including the Georgia State Patrol, the Atlanta Police Department, Georgia Tech Police, Georgia State Police, and occasionally the Fulton County Sheriff’s Office. Within these agencies, there are officers and even groups of officers specifically trained for DUI enforcement. Knowing the background and training of the officer(s) in your case is critical in evaluating how to proceed in the defense of your Atlanta DUI case.

Before you retain any DUI lawyer, ask him or her what type of investigation will be performed in your case.  The lawyer should be able to clearly define the investigative process.  If they cannot, you are in the wrong place.

Mr. Sessions has successfully defended DUI clients in local (municipal and probate) courts, state courts, superior courts, and even federal court.  While most of his DUI practice is primarily confined to the greater metropolitan Atlanta area, he periodically defends clients charged with DUI in the farthest reaches of southern and northern Georgia.  If you are in need of a top-rate DUI defense and attorney specializing in Georgia DUI defense, you should call Ben Sessions.

Mr. Sessions is a member of the State Bar of Georgia, and he is admitted to practice before all State and Superior Courts of Georgia, the Georgia Court of Appeals, and the U.S. Federal Court for the Middle District of Georgia.  Mr. Sessions is a member of the Georgia Association of Criminal Defense Lawyers (GACDL).  He is a member of the National College for DUI Defense.  Mr. Sessions has been named a Contributing Attorney in the  State Bar of Georgia's Pro Bono Project.

Ben Sessions has co-authored publications for both national and statewide DUI defense seminars. In 2009 and 2010, Ben has co-authored the “Georgia DUI Case Law Update” for the Georgia Institute of Continuing Legal Education. In 2010, Ben also spoke on “Effective Cross-Examination” at the Georgia Public Defenders Seminar sponsored by the National College for DUI Defense and the Georgia Public Defenders Standards Council. Ben Sessions has been designated a “Rising Star” by SuperLawyers Magazine.

Extensive Training Differentiates Atlanta DUI Lawyer Ben Sessions

Through meticulous case preparation, Mr. Sessions frequently develops legal issues that result in the exclusion of evidence from the state's case.   However, in the event that your blood or breath test is not excluded from the case, Mr. Sessions possesses the training, skill, and experience necessary to defend you.  Recognizing the scientific knowledge and training which is required to challenge the state's evidence in the typical DUI case, Mr. Sessions has invested the time required to receive the best training available. Some of the advanced training courses Mr. Sessions has attended are listed below:

• "Mastering Scientific Evidence in DUI/DWI Cases," Sponsored by the National College for DUI Defense and the Texas Criminal Defense Lawyers Association (New Orleans, Louisiana - 16th Annual).

• Successful Completion and Certification of the 24-Hour "National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) DWI Detection and Standardized Field Sobriety Testing Student Course," Instructed by Robert F. LaPier of LaPier & Associates (Nashville, Tennessee).

• Successful Completion of the "Summer Session," Sponsored by the National College for DUI Defense (Cambridge, Massachusetts).

• "Mastering Scientific Evidence in DUI/DWI Cases," Sponsored by the National College for DUI Defense and the Texas Criminal Defense Lawyers Association (Dallas, Texas - 15th Annual).

• Successful completion of the National College for DUI Defense - Summer Session conducted at the Harvard Law School (July, 2010).

• Awarded the "Greatest Trial Victory of the Year" for 2010 by the Georgia Defense of Drinking Drivers (DODD) Group.

• Successful completion of the National Highway Traffic Safety Administration (NHTSA) Instructor's course on Standardized Field Sobriety Test (SFST) training.

Mr. Sessions possesses the technical training necessary to effectively defend your Georgia DUI case.  As the cases summarized on our Recent Wins page demonstrate, Mr. Sessions has successfully defended DUI cases throughout Georgia.

If you face a Georgia DUI charge and you need an attorney who will defend your rights and knows how to contest a blood, breath, or urine test, contact Mr. Sessions today for a FREE CONSULTATION.

Atlanta DUI lawyer Ben Sessions has dedicated his to the defense of clients charged with driving under the influence. Mr. Sessions received his law degree from the University of Georgia School of Law.  At the University of Georgia, he was a recipient of the University of Georgia Law School Foundation Scholarship. As an undergraduate, Mr. Sessions attended Georgia State University, where graduated summa cum laude and received the James Madison Award.

If you have never been to the Atlanta Municpal Court previously, the process can be daunting. Upon arrival at the Atlanta Municipal Court, also known as the Lenwood A. Jackson, Sr. Justice Center, you should proceed to through security. Do not bring any lighters, knives, or any other object that may raise the eye of the security guards. Otherwise, you will be making a trip back to your vehicle with those objects. Once you have been through security, you will see your name on one of the four monitors located in the atrium. The appropriate courtroom will be listed next to your name. If you cannot find your name, ask for assistance at the windows located at the back of the atrium. Except for the very rare case, your case will be assigend the DUI courtroom in the Atlanta Municipal Court. Our DUI lawyers will tell you which courtroom to appear in.

Understanding the Time Horizon of a DUI Case in the City of Atlanta Municipal Court

Many of our clients are concerned about how our fees are set. Fees should be a major concern. However, we have gone to great lengths to reduce the variability of our fees. We understand that many lawyers attempt to adjust fees based upon the financial resources of their clients. We treat each of our clients’ cases as if they were our own, and we recognize that our reputation is on the line with each case that we take. No case is more important than another in our view. There are certain variables which must be accounted for in our fees, but the financial resources of our clients are not one of those considerations in our view.