In Every Georgia DUI Case, Your Decision Comes Down to:
1. Should I enter into a Plea Bargain in my Georgia DUI case?
2. Should I go to Trial in my Georgia DUI Case?
If you have been charged with a GA DUI, you have two basic options. The first option is to work out a plea bargain with the prosecutors. The second option is to contest the charges with motions and a trial. The best option, of course, is to get the prosecutors and judges to dismiss the case altogether, however that is challenging rarely happens without the prosecutors coming to the realization that they will certainly lose their case.
For over 25 years, Richard Lawson has been helping people make this difficult decision in courts throughout Metro-Atlanta and Georgia. As a former DUI Prosecutor, Richard Lawson is keenly aware of both sides of your case. He puts his experience in more than 9000 cases to work for you every day, 24 hours a day, 7 days a week. You can read our client reviews where we have consistently be found to be the top-rated DUI Lawyers in Georgia.
Technically, there is a third option which is to seek a total dismissal of all charges. Although possible, most prosecutors will not completely dismiss a case unless there was an obvious and complete violation of someone's rights or if the person arrested is obviously innocent of the charge. The is wide path between innocence and the inability of the State to prove guilt.
The inability of the State to prove guilty is the real factor as to whether you should enter into a plea bargain or go to trial. That is why our office has a former Georgia State Patrol Officer ( GSP Trooper ) who consults on our cases. That is also why we have a team of medical experts and pharmacological experts available to help present our client's medical defenses. We never leave any stone unturned. We never assume guilt just because your breath-test has a number more than .08.
Does the Prosecution really care about DUI when there are more serious crimes committed every day?
The short answer is yes, and the long answer is yes as well. DUI is extremely unpopular to the general public. Prosecutors are elected politicians that seek re-election every four years or re-appointment in the case of City Solicitor Generals. As a result, most prosecutors will do what is most politically advantageous. Acting in this manner is not illegal or immoral. In fact, many times it is completely consistent with right and wrong.
However, there are circumstances where a case should be dismissed but the prosecutor does not have the political ability or will to dismiss the case or reduced the case. In those situation, the case must be litigated. In those situations the case will have motions hearings and possibly even a bench (trial by judge) or jury trial. Even if you lose your trial, you can appeal any conviction to the Georgia Court of Appeals or the Georgia Supreme Court.
The Process of Fighting Your Georgia DUI Case:
Most Georgia DUI cases, even first time offense cases are prosecuted with the desire for a DUI conviction. These convictions carry jail time, high fines, lengthy and arduous probation sentences, and driver's license suspension. The job of Georgia DUI lawyer's is to help you get the best results possible if you choose to avoid trial and resolve your case with a plea bargain.
Georgia DUI cases are fought and won regularly. Prosecutors for the state of Georgia have the burden of convincing a judge or jury of your guilt to the DUI charges beyond a reasonable doubt. If the evidence submitted has gaps in it or is inconsistent, the prosecution will be less likely to prove the charges against you leaving the jury to find you “not guilty.” Our lawyers work with the top experts in Georgia to challenge blood and breath test results.
The State of Georgia has the burden to prove each element of the case against you beyond a reasonable doubt. The defense has no burden at all. However, we believe in a pro-active defense that presents your side of the story. We not only challenge the evidence against you, we bring our own evidence to court in order to show you are not guilty. This does not shift the burden for us to prove innocence. That burden never shifts from the State to prove guilt. It simply means that we are loaded with our pro-active defenses as well. It means we go on the offense with your defense.
You have options and a choice as to who represents you:
An over the limit test alone does not necessarily equal a DUI conviction. Each and every DUI case is different which makes the available defenses different depending upon the facts of your case and your history. Our Georgia DUI lawyers are ready to help you no matter what the circumstance. Call us today to discuss the options and strategies available to you that can help your case be successful at trial. Put our experience to work for you.
Your case will not defend itself. Let our Georgia DUI attorneys help you make the decision to go to trial or to plea-bargain. This is the most important decision in your case. It can mean the difference in your very freedom. It can mean the difference insofar as your ability to drive. It can make the difference in your life. We care about the outcome in your case. Call us now for the help you need. Contact us 24 hours a day, 7 days a week.