Each Driving Under the Influence (DUI) case in Georgia has the potential for trial, but all the facts in each case need to be thoroughly investigated and every opportunity must be sought and exploited in order to build a successful defense. Anyone charged with DUI can pursue a motion hearing to restrain any and all evidence that was illegally obtained. The State of Georgia is not required to provide all of its evidence until 10 days prior to trial, which is when motion hearings are typically heard. Also, many officers will not even speak with the accused until the hearing because they work the night shift.
According to the Georgia Governor’s Office of Highway Safety (GOHS), there are at least 14 laws established for DUI. A full list of the codes can be found at the GOHS Web site at: www.gahighwaysafety.org/highway-safety/dui-laws/
To accurately assess a case, a DUI lawyer will need to search all possible evidence and facts in the case, including police and incident reports, in-dash police video footage and E-911 dispatch tapes, and try to talk with the officer involved even though it is not required before the hearing is held.
Some examples of possible defenses of a DUI case include:
- An officer making an illegal traffic stop
- A stop being made based on an anonymous citizen’s report
- Less than 100% accuracy of standard field sobriety tests
- Non-valid non-standardized field sobriety tests
- Inaccurate breath testing results
- Videotape evidence of a breath test during the booking process
- In-dash video recording of the stop and arrest
- Failure to provide a trail within two terms of court
- Inaccuracies of crime lab blood tests or hospital blood tests
- Receiving a breath test from an unlicensed operator
- Results from a non-approved portable breath testing device
- Failure to accurately show the suspect was driving a vehicle
- The testimony of independent witnesses
- Failure of the officer to give Miranda Rights during an arrest
- The arresting officer’s disciplinary record
- Inadmissible portable breath test results or an improperly administered portable breath test
- Failure to conduct a 20 minute observation period before a breath test is administered
- Testimony of expert witnesses
- A suspect’s medical conditions and health problems
- Weather and traffic conditions at the time of the incident
- A lack of probable cause to make an arrest
- Inconsistent police officer statements
- Possibility of drinking alcohol after the suspect was driving
- The statute of limitations
- Non-direct evidence
- Failure to properly calibrate a breath test device
- An arrest made during an illegal roadblock
- Failure to provide full information of a breath or blood test, and
- An arrest made due to the odor of alcohol.
Any Georgia DUI case needs representation from an experienced DUI attorney who will fight for you and your rights. As you can see, DUI cases can be fairly complex. And remember, this is only just the tip of the iceberg. Protect your rights. Protect your future. Consult with our office if you have been charged with DUI. There is no up-front fee at Dove Law Firm in order to discuss your case.
At our firm, we are prepared to assist persons facing accusations of driving under the influence and other serious criminal and traffic offenses including but not limited to the following:
- DUI or DWI charges
- driving with a suspended license
- passing a school bus
- running a stop sign or red light
- reckless or careless driving
- driving without car insurance
- speeding tickets
- exceeding DMV points
- warrants for unpaid tickets, or
- single vehicle accidents.
If you have been arrested for driving under the influence in the South Georgia area, then please do not hesitate to contact our firm. A DUI conviction not only affects your ability to drive, but it also stains your criminal record, a record seen by many potential employers. Criminal consequences you could face range from jail time, hefty fines and community service, to license suspension. Fortunately, there are several lines of defense available to you. As an experienced criminal attorney handling DUI cases, I am able to call into question the evidence that is leveled against you. To find out more concerning your case, contact our office today for a free consultation.
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We are proud to serve the counties of Irwin, Ben Hill, Crisp, Wilcox, Jeff Davis, Coffee, Tift, Dooly, Atkinson, Colquitt, Berrien, and Dodge. We are appreciative of the opportunity to serve the cities of Ocilla, Fitzgerald, Abbeville, Eastman, Hazelhurst, Tifton, Douglas, Moultrie, Nashville, Enigma, and Cordele.
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