Motions in Georgia DUI Cases

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Motions in Georgia DUI Cases

Most successful DUI defense lawyers recognize that the use of motions hearings is an important, if not critical, part of the defense of a Georgia DUI case. I take this view. The stated purpose of motions hearings is to exclude certain pieces of evidence from the trial of the case. However, motions hearings serve multiple different purposes. In addition to excluding certain pieces of evidence, motions hearings may be used to preview the state's case against you and shape the course of the trial of your DUI case.

In many DUI cases, certain pieces of evidence are not favorable to the defense of the case. Our law permits DUI defense attorneys to file motions to exclude certain pieces of evidence when the evidence has been illegally obtained. There are many bases to exclude evidence from a DUI case. Below are some of the reasons that harmful evidence against my clients may be excluded from the trial of the case:

· The state cannot show that the stop of my client was lawful, and that it was preceded by reasonable, articulable suspicion of criminal conduct;
· The state cannot show that the arrest of my client was based upon probable cause to believe that my client was driving under the influence;
· The state cannot show that my client was timely and properly advised of their rights under Georgia's implied consent notice;
· The state cannot show that my client voluntarily submitted to field sobriety tests;
· The state cannot show that the my client voluntarily submitted to the state-administered test of their blood, breath, or urine;
· The state cannot show that reasonable efforts were made to accommodate my client's request for an independent test of their blood, breath, or urine; or
· The state cannot show that the operator of the breath testing was qualified to perform the breath test upon my client.

This is by no means an all-inclusive list of the issues upon which evidence may be excluded in the defense of a Georgia DUI case, and to be candid, the possible bases for the exclusion of evidence in your DUI case is only limited by the creativity and tenacity of your Georgia DUI lawyer. In certain cases, it may be appropriate for your DUI defense attorney to pursue a limited number of these issues, but that is a decision that is typically decided by an experienced DUI defense lawyer.

In many Georgia DUI cases, defendants are forced to make a decision about whether to take their DUI case to trial without the benefit of a video recording. In fact, in many Georgia DUI cases, the only "evidence" upon which a defendant receives from the state is an incident report produced by the arresting officer, and the defendant is expected to decide whether to take his or her case to trial based on this report. It should be noted that experienced DUI trial lawyers recognize that there are multiple other sources of information which must be researched prior to trial. However, motions hearings provide frequently provide my clients with an invaluable opportunity to see and hear the arresting officer(s) testify in court on the witness stand and under oath about the facts of their particular case. Motions hearings in your DUI case can provide us with an opportunity to evaluate the strength of the officer's testimony (their training, their experience, their ability to explain the facts of this case, and their ability to explain whether my client was impaired). I frequently have clients that face DUI charges which appear, based on the incident reports, to be very "bad" cases for the defense. However, after motions hearings, our opinion of many of those cases changes. Without the benefit of the motions hearings, many of those clients may have made a decision to enter a guilty plea in their DUI case without the benefit of this type of information.

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Our Georgia DUI Lawyers Effectively Defend DUI Breath Test Cases

If you submitted to the breath test, you need a DUI lawyer that knows this machine and how to effectively Intoxilyzer_5000 discredit the reliability of your test results. We have worked to obtain the highest level technical training available on the Intoxilyzer 5000, which is the breath testing device used in Georgia. Our Georgia DUI lawyers are on the forefront with regard to the challenges made against this breath testing machine.

Our Georgia DUI Lawyers Effectively Attack Field Sobriety Test Evidence

Field sobriety evidence and standardized field sobriety tests are a critical part of the state's case in nearly every DUI case. Effectively defending DUI charges based upon field sobriety evidence requires more than simply evaluating whether a client "looks good on a video." Understanding the limitations of field sobriety evidence, the standardized procedures that should be followed in the administration of field sobriety tests, and the manner in which in which field sobriety tests should be evaluated can present unique opportunities to exploit weaknesses in the state's case. Georgia DUI lawyer Ben Sessions is certified as a practitioner of the National Highway Traffic Safety Administration's Standardized Field Sobriety Tests. Additionally, he has successfully completed numerous advanced training courses in the field sobriety evidence. We can effectively attack the state's field sobriety test evidence in your DUI case.

Metro-Atlanta DUI Lawyers

Our Atlanta DUI lawyers are different from other attorneys "handling" DUI cases in Atlanta because of the training, commitment, and experience we have in contesting in DUI charges. Our Atlanta DUI lawyers have focused their practice upon the defense of DUI cases. Our Atlanta DUI lawyers are not plea lawyers. In every Atlanta DUI lawyers will not be conducting real estate transactions, assisting in a divorce, or forming a corporation when you are not around. Our Atlanta DUI lawyers are committed to the defense of DUI cases. Our Atlanta DUI lawyers specialize in Georgia DUI law. Our clients appreciate the benefits offered by having an Atlanta DUI lawyer that has made every effort to know everything he or she can about Georgia DUI law, the state's methods of pursuing DUI charges, and the particular facts of the client's Atlanta DUI case. If you need to beat your Atlanta DUI case, contact our office today.

Because of the intense DUI law enforcement effort which is undertaken in Atlanta and the surrounding metropolitan, we defend a significant number of DUI cases in Atlanta. Our DUI lawyers are extremely familiar with the process your DUI case will undergo in Atlanta and Fulton County, and we are frequently able to obtain exception results there. Our practice is focused upon Georgia DUI defense, and we will provide you with an unparalleled level of service.

Because of metro-Atlanta is the population center of state, DUI enforcement tends to be the heaviest in metro-Atlanta, and DUI lawyers defends more case in metro-Atlanta than any other location in the state. Our DUI lawyers also provide high-level defense of DUI cases in the municipalities outside of Atlanta. Our Alpharetta DUI lawyers, Dunwoody DUI lawyers, Johns Creek DUI lawyers, Roswell DUI lawyers, and Sandy Springs DUI lawyers are committed to helping clients attain the best result possible in the defense of the Georgia DUI charge.

Our main office is located in Atlanta and there are DUI lawyers within our DUI defense network whose practices are committed almost exclusively to beating Atlanta DUI charges. Our DUI defense network, however, is broad-based, and we have obtained exceptional results in the defense of DUI charges throughout Georgia. If you need an exceptional Georgia DUI defense lawyer, you need look no further.

'Tis The Season...For Intense DUI Enforcement in Atlanta

Throughout Georgia, DUI enforcement has once again reached a fevered pitch. The Governor's Office of Highway Safety has announced that the intensive DUI campaign known as Operation Zero Tolerance is again underway. Most of these intensive DUI campaigns include increased numbers of DUI patrol officers and DUI roadblocks. These increased DUI enforcements will take place throughout Georgia and, particularly, in the Atlanta metropolitan area. If you are charged with DUI in Georgia this summer, our experienced Georgia DUI lawyers can provide valuable assistance in the defense of your DUI case. Our Atlanta DUI lawyers are experienced in effectively representing clients charged with DUI in the heavily patrolled Atlanta area. Because many DUI officers and law enforcement agencies become "hyper-vigilant" in their efforts to charge people with DUI, we frequently see very defensible DUI cases being made. Our Georgia DUI lawyers work to uncover the defenses to your Georgia DUI and, hopefully, obtain a dismissal of your DUI charge.

The holiday season in Atlanta is filled with celebrations of all types. Recognizing that many of these events include drinking, most law enforcement agencies increase their DUI enforcement efforts during this time of the year. Do not let a DUI charge make your 2010 get off to a bad start. Contact our DUI lawyers today. Do not procrastinate in addressing your DUI charge and, in particular, a 1205 notice (notice of intent to suspend your driver's license) most likely issued in connection with your arrest. When you meet with one of our Atlanta DUI lawyers, we will file your 10-day letter (request for hearing) free of charge.

During the holiday season, law enforcement agencies typically engage in increased DUI enforcement efforts through roadblocks or checkpoints. Most DUI cases still arise from traditional stops for an alleged traffic violation, but if you are charged with a DUI as a result of a roadblock or checkpoint, contact our DUI lawyers before you make a decision as to how you would like to resolve your case. DUI charges which arise roadblocks present many defense opportunities that you should be alert to.

Gwinnett County DUI Lawyers

Our Gwinnett County DUI lawyers consistently deliver exceptional results in the defense of DUI charges. Within Gwinnett County, our Georgia DUI lawyers regularly fight Norcross DUI cases, Duluth DUI cases, Lawrenceville DUI cases, Snellville DUI cases, Suwanee DUI cases, and Lilburn DUI cases.