An Arrest DOES NOT Mean You Are Guilty - The Best DUI Defense in GeorgiaLack of Probable Cause, Defying the Standard of Reasonable Suspicion to Stop, Illegal Use of a Roadblock, Insufficient Evidence That You Were a Less Safe Driver Due to Disability Caused by Alcohol or Drugs, Were Not Performed field sobriety tests correctly. The Supreme Court has said that the ONLY information required is your name and address, which must appear ON YOUR DRIVER'S LICENSE. The central theme to follow in how to beat a DUI in Georgia is to NOT give the police ANY evidence in your OWN words or actions, which are self-incriminating. Every DUI arrest in Georgia has potential legal and factual problems that could result in a dismissal or a verdict of innocence.
An experienced Atlanta DUI lawyer should investigate your case thoroughly to determine if any possible DUI defense applies to you. A Motion Hearing on Suppression of Illegally Obtained Evidence is Absolutely Crucial to Any Contested DUI Case in Georgia. It's almost malpractice for a lawyer not to have a motion hearing in a DUI case. First, you never really know what a witness is going to say or do until you put him on the stand and question him under oath.
Georgia law does not require the prosecution to hand over any evidence to the defendant until 10 days before the trial. The police don't have to talk to you before you are summoned and sworn in on the witness stand. Of fully contested DUI cases, only 10 percent have resulted in a DUI conviction. Approximately 72 percent of these fully contested DUI cases have been successfully resolved without a trial (either dismissed or reduced to a lesser charge).
Approximately two-thirds of DUI cases that did require a trial resulted in an acquittal. In California, the “necessity” legal defense excuses DUI when a defendant must drive when they do so just to avoid further harm in an emergency. Is Georgia Professional Corporation authorized to practice law only in the State of Georgia? All information contained on this website is intended to be used for DUI arrests that occur in the state of Georgia. This suppression motion or “1538.5” motion may exclude DUI BAC evidence from admissible evidence, except for DUI sobriety checkpoints.
Taking this action can help you find out the costs and possible courses of action to follow, on what to do or how to get out of a DUI for the first time in Georgia based on the details of your arrest, and learn about possible errors made by officers in your traffic stop, arrest, or improper DUI testing protocol that could be used to your advantage in court. Former Head clients, who successfully sought a lawyer who knew “how to beat a DUI,” needed to take immediate steps to hire a DUI lawyer with the best lawyer ratings. If errors are found, your Long Beach DUI lawyer can fight to have blood test results excluded from evidence. There are many inaccuracies in blood tests and defenses against police errors that can be used to fight a DUI charge, get evidence suppressed, and the DUI dismissed.
Criminal defense attorney Bubba Head and his two partners, Larry Kohn and Cory Yager (a former cop), can tell you hundreds of stories about how gathering evidence shortly after a DUI arrest has helped the law firm's lawyers win cases and beat a DUI. If you have been charged with DUI or DWI, you are innocent until prosecutors prove guilty beyond a reasonable doubt. The third way to overcome a DUI is to never take a road breathalyzer test on a portable handheld breath test device. If the officer does not have a reasonable suspicion or probable cause for the arrest, your Newport Beach DUI lawyer can file a motion to suppress evidence and exclude any evidence obtained by illegal search.
Any loopholes in DUI cases found for your defense only come from a thorough knowledge of all applicable laws and an understanding of what to file, when to file, and then when to RAISE that legal question, during the court of the case. .
Leave Reply