Roswell DUI Lawyer - Roswell DUI Attorney
DUI Lawyer in Roswell - DUI Attorney in Roswell
Welcome to the Top-Rated DUI Firm in Roswell Georgia
Roswell DUI Lawyer Richard Lawson is dedicated to DUI Defense in Georgia. As a former DUI Prosecutor, he brings the experience necessary to defend your DUI case in Roswell GA and to protect your ability to drive. For more than 25 years, Richard Lawson has fought and won cases on behalf of his clients. Our experience is the difference. He is Georgia's most reviewed DUI Lawyer.
Our office is devoted to your defense and your rights. Your rights are not defended unless you take active steps now to defend them. That is why our office is ready to help 7 days a week, 24 hours a day. We are here 365 days a year because your right never get a day off; so we never take a day off. Our Roswell Office is conveniently located to serve Roswell and all of North Fulton County.
A Roswell DUI is a serious matter that warrants a serious legal defense. The Roswell DUI Attorneys at the Law Office of Richard Lawson only handle DUI cases and the cases related to DUI. Our Roswell DUI Lawyers know the judges and prosecutors in Roswell and will fight for you every step of the way. Roswell DUI Attorney Richard Lawson was trained by the same people prosecuting the case against you. Act now to save your drivers license and your freedom. You only have thirty days to begin your defense. Contact the Roswell DUI Lawyers at our office today. Your case will not defend itself.
Our law firm only handles DUI cases and the tickets related to the DUI. There are always citations the form the basis of the DUI stop. Otherwise, we handle no other type of case. We are available to take your call and help 24 hours a day, 7 days a week. As Georgia's top-rated and most reviewed law office, help is always here for you. Our reviews can be found on AVVO and Yahoo and many other places.
If you have been arrested for DUI in Roswell Georgia, you only have 30 days from the date of your arrest to protect your right to drive. Your DUI Lawyer in Roswell must file a request for an Administrative License Hearing or what is commonly called an ALS Hearing. If this hearing is not requested, your Georgia Driver's License or privilege to drive in Georgia will be suspended up to one year. Many times if you do not request a hearing, (especially in the case of a DUI Refusal) you will have no permit to drive whatsoever. Time is of the essence. You must act now!
There Is Help For Your Roswell Georgia DUI Case
Nothing is more important than your future, you deserve a competent and experienced lawyer to advise you. Attorney Richard Lawson has worked on more than 4,600 Georgia DUI cases and knows the ins and outs of every step of the Roswell DUI process. If you are facing any type of DUI charge, call the Law Office of Richard Lawson now. We are available 24 hours a day, 7 days a week so you will be able to have your DUI questions answered immediately.
Getting a DUI can be terrifying. If you've recently been charged with DUI in Roswell, GA you are probably full of questions and afraid for your future. A DUI conviction can mean a loss of driver's license, high fines, mandatory driving classes and even jail time! On top of that, there is the stigma of having a DUI and its effect on your driving record, insurance rates go up and you could miss out on educational and career opportunities. Hiring a Roswell DUI Attorney can help with any anxiety you are feeling. Our Office in Roswell Georgia is here to serve you 24/7 because your problems do not have to wait until Monday morning.
There are options and choices. You don't have to plead guilty if you are arrested for DUI in Roswell GA. You have the right to investigate your case and look for potential defenses. You have the right to challenge the evidence against you. You have the right to challenge to procedures used in your case. You are not automatically guilty of DUI just because you were arrested for DUI in Roswell Georgia. Our attorneys will prepare you and your case at our Office in Sandy Springs. Find the Best DUI Lawyers in Roswell GA.
If you've been arrested for DUI in Roswell, don't panic. Call the experienced professionals at the Law Office of Richard Lawson. We have been working with DUI clients for over a decade and will use our experience to get you your best results. Richard Lawson has been working in the field of DUI law for over 20 years and knows the ins and the outs of the DUI legal system. There are many advantages to having an experienced professional to help you through the DUI process.
Roswell DUI Defense is not for attorneys that dabble in DUI Defense in Roswell GA. Nothing is more important than your future, you deserve a competent and experienced lawyer to advise you. Attorney Richard Lawson has worked on more than 4,600 Georgia DUI cases and knows every step of the Roswell DUI process. If you are facing any type of DUI charge, call the Law Office of Richard Lawson now. We are available 24 hours a day, 7 days a week so you will be able to have your DUI questions answered immediately.
The Roswell GA DUI Process
First Roswell DUI
Georgia law enforcement officers are encouraged to crack down on people driving under the influence in Roswell, GA. As a result, the penalties can be severe even for a first time offender. The consequences for a first-time DUI conviction can be up to a year in jail, $1,000 in fines, one year of license suspension, 40 hours of community service, and more! When it's your First DUI in Roswell GA, you have options, and you can be helped. If you want the best DUI legal representation available in Roswell, GA, call the Law Offices of Richard S. Lawson now!
Second Roswell DUI
After you are convicted of your first DUI, each subsequent DUI conviction incurs increased penalties. When you have second DUI in Roswell, penalties can be one year in jail time, $1000 in fines, 30 days of community services, and 3 years of license suspension. In some cases, you may even have to get an ignition interlock device installed in your vehicle after you get your license reinstated. The Law Office of Richard Lawson has over 20 years of experience defending clients just like you who have been charged with a 2nd DUI in Roswell, GA. Call us today for a free consultation.
Third Roswell DUI
Getting a third DUI in Roswell can be a very serious charge. The consequences can include jail time, probation, 30 days of community service, up to $5,000 in fines and a 5-year license suspension. This can have very long-term negative effects on your work and school life. The inability to drive for 5 years will make it very difficult to get to and from work or school. Also, with a third DUI comes the added concern that you could be charged with a felony. A felony DUI conviction has a lot more negative consequences than any amount of misdemeanor DUI convictions. Having a felony on your record can cause you to miss out on career and educational opportunities. If you are facing a 3rd DUI in Roswell GA or felony DUI charge in Roswell, GA, don't hesitate any longer, call the professionals at the Law Offices of Richard S. Lawson now!
What Kind of Cases Are Heard in Roswell Georgia Municipal Court?
The Roswell Municipal Court has jurisdiction over misdemeanor cases, traffic offenses, and local ordinance violations. DUI arrests made by the Roswell Police Department or the Georgia State Patrol within the city limits of Roswell will be referred to the Roswell Municipal Court.
The court date listed on your citation or bond paperwork is your arraignment date. In Roswell, arraignments are held on Mondays at either 8:30 am or 1:00 pm. If you have not already hired an attorney, you will be asked whether you intend to hire one and will be given the opportunity to apply for a court-appointed lawyer. At your arraignment, the judge will make extensive announcements regarding your rights and types of pleas you may enter to the charges against you. You may enter a plea of guilty, not guilty, or nolo contendere (no contest). You will also have the opportunity to speak with the prosecutor, to discuss your case and your options. If you decide to plead guilty, you will be sentenced by the judge. If you enter a plea of not guilty, you will be given a new court date to prepare for trial.
If you fail to appear at your court date, the court will notify the Georgia Department of Driver Services (DDS) by submitting a DS-912 form. The court is under no legal obligation to provide you with notice of your failure to appear in court before submitting this form to DDS. DDS will send you a notice of a pending suspension due to the Failure to Appear by mail. The license suspension will go in effect if you do not resolve your case and submit documentation to DDS within 28 days of receiving the notice.
The court may also issue a bench warrant for your arrest if you fail to appear for court as directed. In order to have the bench warrant withdrawn, you will have to post a cash bond in the amount of the fine for the charges against you and an additional penalty of $100. You will then be given a new court date. If you fail to appear again, your bond will be forfeited and your case will be closed.
Once the bond and $100 fee have been paid, the Clerk of Court will complete a DS-912 release letter. If the release letter is submitted to DDS within the 28 day grace period, no reinstatement fee will be imposed by DDS. If your license was suspended, the suspension will be lifted once you submit the release letter to the Georgia Department of Driver Services along with a reinstatement fee of $100 ($90 if processed by mail or through the DDS website).
In order to prepare a defense in your case, your attorney will need access to records of the arrest from the arresting agency. The Roswell Police Department patrol vehicles are equipped with video equipment and record all arrests. Observations of your driving, your interaction with the officer, and any tests that were performed in the field will be recorded. An incident report is also created for each arrest and can be received through an open record request made to the police department. The video must be requested separately through the discovery process with approval by the prosecutor.
Once all of the evidence is received, your attorney will meet with the prosecutor to discuss the case and negotiate a plea. A plea may involve jail time, community service, a fine, probation, and classes related to the offense.
If you live outside of Georgia, your case may be resolved with a Plea in Absentia if consented to by the judge and the prosecutor. A plea in absentia allows for the case to be resolved without personally appearing before the judge. Generally, the judge is not likely to allow this type of plea unless all conditions of the plea such as community service or any required classes, are completed and the fine is paid in full.
Certain offenses may qualify for Roswell Municipal Court's Pretrial Diversion Program. This program was created for first-time offenders and allows you to take responsibility for the charge while maintaining a clean criminal record. If the requirements of the program are completed as directed by the court, the charges are dismissed. Because no conviction will be recorded, you may avoid many of the harsh penalties that are applied by other agencies upon conviction of certain offenses such as the suspension of your driver's license. In some cases, with approval from the prosecutor, the charge may also be expunged (permanently removed) from your criminal record by application to the Georgia Criminal Information Center. If you fail to complete the requirements or are charged with committing a new offense before completing the program, you will face prosecution of the original charges along with any potential consequences of a conviction. The Pretrial Diversion program for Minor in Possession of Alcohol requires the payment of a $200 fee plus court costs, random drug and alcohol urine screens, a clinical evaluation (and treatment if recommended), and six months of probation.
If the case cannot be resolved by a plea, the case will be scheduled for a bench trial or jury trial. A bench trial will be held in the Roswell Municipal Court. Trials are scheduled on Tuesdays, Wednesdays, or Thursdays at 9:00 am. A trial by jury must be held in the Fulton County State Court.
In most DUI cases, there is an administrative case in addition to the criminal case in Roswell Municipal Court. For any driver that refuses to take a State-administered test or if the results of a State-administered test show that your blood alcohol concentration was 0.08 grams percent or more, your license can be suspended for a 12 month period beginning 30 days after your arrest. If you file an appeal within 30 days to prevent the suspension of your Georgia driver's license or privilege to drive in this state, an administrative hearing will be scheduled. This hearing is held at the Roswell Municipal Court on the second Friday of every month at 9:00 am. Judge Ana Kennedy presides over these hearings.
The hearing is limited in scope and only covers the following issues:
- Whether the officer had reasonable grounds to believe the person was operating or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for DUI; or
- Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
- Whether the officer informed the person of his or her implied consent rights at the time a test was requested; and
- Whether the person refused the test; or
- Whether a test was administered and the results indicated a BAC of 0.08 grams or more or, if the person is under the age of 21, a blood alcohol concentration of 0.02 grams or more or, if the person was driving a commercial vehicle, a blood alcohol concentration of 0.04 grams or more; and
- Whether the test was properly administered.
The arresting officer is required to appear at this hearing and will be involved in both the administrative and criminal cases, so the results of the administrative hearing can have an impact on how the criminal case in the Roswell Municipal Court proceeds.
How DUI Cases Are Handled in Roswell Georgia:
In order to suspect DUI in Roswell, GA a police officer must first stop your vehicle. This can be by stopping you at a roadside checkpoint or by pulling you over. If you are pulled over, it must be for a valid reason such as speeding, going through a red light, or some other violation. If the officer did not have a valid reason for initially stopping you, your case will likely be dismissed. If the officer notices any smell of alcohol, open containers, or that you appear to be intoxicated, he/she will ask you to take a sobriety test. This will be either a field sobriety test or a BAC test. If you fail either test, you will be arrested for DUI and brought to jail. The Law Office of Richard Lawson has over 20 years of experience working in the DUI field. Our Roswell DUI Attorneys specialize in DUI law and are highly experienced in all facets of DUI charges.
As soon as you are arrested for DUI, you should call the Law Office of Richard Lawson. If you need to, use your one phone call to call us so we can begin working on your case immediately. You will be allowed to leave jail on bond. A bond can be either paid cash or loaned from a bondsman. The next step will be an arraignment in which you will have to plead ‘guilty' or ‘not guilty'. You will need an experienced DUI lawyer who can tell you the advantages and disadvantages of each plea. If you plea ‘not guilty' you will move towards a trial. If the prosecutor thinks that you have a strong defense, they may offer you a plea bargain.
Your Roswell DUI lawyer will be able to help you negotiate a plea bargain and advise you if it is worth accepting. If you are not offered or do not accept your plea bargain, you will go to trial and appear in front of a six-person jury in the State Court of Fulton County. Nothing is more important than your future; help protect that future by getting the best DUI lawyer out there. The Law Office of Richard Lawson will work tirelessly to protect your rights and get you great results!
ALS Hearing and the 30-Day Letter
Many people are unaware of the fact that after your DUI arrest in Roswell, you only have 30 days to file a letter to request an ALS hearing. This is a hearing that is not associated with your Roswell DUI trial and only addresses your driver's license suspension. It is crucial that you hire a DUI lawyer as soon as you are charged with DUI in order to keep your license and get your best results. Call the Law Office of Richard Lawson right away and we will file a 30 day letter to set up your ALS hearing. Call us 24/7.
Blood and Breath Tests
The most accurate way to measure your sobriety is by administering a chemical test that determines the alcohol content in your body. These are called blood alcohol concentration tests (BAC) tests. The results of these tests are strong evidence against you in court. A Georgia Blood test is more accurate than a Georgia breath test. If your blood alcohol level is over .08% and you are over 21 or over .02% if you are under 21, you will be charged with DUI. If you refuse to take a BAC test, you will not face any legal repercussions. You will, however, lose your license for up to one year under Georgia's implied consent law. This law states that by accepting a Georgia driver's license, you are consenting to take a BAC test any time police ask you to do so. If you refuse the test, you will lose your license.
DUI Child Endangerment In Roswell GA
If you are arrested for driving under the influence and you have a child under the age of 14 in your vehicle, then you will likely be charged with DUI and child endangerment. Judges and juries look down on child endangerment offenders and you can be facing even greater consequences. You also may lose custody of your children from the charges directly or if you are ever involved in a custody battle after a divorce. If you have been charged with DUI and child endangerment in Roswell, GA, don't take your chances figuring out the legal process alone. Call the professionals at the Law Offices of Richard S. Lawson. We have over 20 years of DUI experience and are here to serve you.
DUI and Drugs
In Roswell, you can be arrested for driving under the influence of either alcohol or drugs. The scary thing about DUI drug arrests is that you can be convicted for driving under the influence of basically any type of drug. Whether it is legal or illegal, prescription or over-the-counter, if the police believe your driving ability is impaired because of it, they can arrest you for DUI. There are no set legal limits for drug intoxication and DUI and there is no scientifically proven evidence on the relationship of drugs and driving ability. Therefore, the better legal defense you have in a DUI drug-related case, the more likely you are of being found ‘not guilty'. The Law Office of Richard Lawson have vast experience defending clients who have been charged with drug-related DUI in Roswell, GA.
Field Sobriety Tests
When you are stopped in Roswell, GA and the police suspect you are under the influence of alcohol, they will ask you to take one or both of two types of sobriety tests. The first one they usually ask you to take is a field sobriety test. This is a physical test where the officer will ask you to extend your arms and touch your nose or recite the ABCs or walk a straight line. It is important to remember that most police cars in Roswell have in-dashboard cameras that they use to film you as you attempt these tests. If you fail and are arrested for DUI, theses videos will be played in court to prove you were intoxicated. Experienced DUI professional attorneys know the best ways to refute this evidence. Field sobriety tests are not always accurate indicators of impairment. Our DUI Lawyers in Roswell GA are trained in field sobriety testing in Georgia. Call the professionals at the Law Office of Richard Lawson today!
If you have been arrested for DUI at a roadside checkpoint in Roswell, or what is commonly called a DUI Roadblock, there is important information you need to know. For example, roadside checkpoints must be set up following certain guidelines and must be announced in some way to the general public. Police must also be completely random in who they stop at the checkpoints. If you believe you were profiled at a checkpoint, the Law Office of Richard Lawson may be able to get your case dismissed. We will look into the validity of the checkpoint and make sure your rights were not violated at any time. If you or someone you know has been arrested at a DUI Roadblock for driving under the influence in Roswell, GA, your rights may have been violated! Call the Law Office of Richard Lawson and we will go over your entire case to look for any mistakes or violations that make have taken place.
Plea Bargains vs. Trials
When you are charged with DUI in Roswell, GA you may face the option of taking a plea bargain instead of going to trial. If the prosecutor believes that you may win your trial or that the case is not worth the effort of going to court, he/she may offer you a plea bargain. A plea bargain is when you agree to plead ‘guilty' in exchange for bypassing a trial and accepting a negotiated sentence. These can be helpful because unlike a trial, you will already know the outcome and sentence before you agree to anything and because they save you the time and money associated with going to trial. Having a professional DUI attorney is crucial if you are looking into a plea bargain because he/she will be able to advise you if you are being offered a fair deal. The Law Office of Richard Lawson has helped hundreds of clients negotiate plea bargains in Roswell, GA.
Under 21 DUI
Roswell law is strict on underage drinking laws. If you are under 21 and are caught driving with a blood alcohol level over .02%, you will be charged with underage DUI. You may be facing lots of serious penalties and unlike regular DUI, you will not have the option to get a work or school driving permit should you lose your license. The Law Office of Richard Lawson is here for you 24/7. If you are arrested for under 21 DUI at any time of day, call us immediately! You deserve the best legal care; you deserve the Law Office of Richard Lawson.
Marijuana Related DUI and Possession of Marijuana in Roswell GA
If you are pulled over or stopped at a roadside checkpoint in Roswell, GA and the police officer sees or smells marijuana in your vehicle, he/she can arrest you for drug related DUI. If you have more than an ounce of marijuana in your possession at the time, you can lose your license for up to a year. In fact, even if you were not behind the wheel and you are caught with marijuana in Roswell, you can face up to 6 months of license suspension. The Law Office of Richard Lawson has defended hundreds of people just like you who have been charged with Marijuana-related DUIs. Best of all, we are available 24/7. As soon as you are charged with a DUI in Roswell, GA call the Law Office of Richard Lawson and we will begin working for you!
If you get into a car accident in Roswell, GA and another person is killed, you could be facing felony charges. In these cases where fatalities are involved, BAC levels are usually taken from everyone. If alcohol is found to be involved then the charges will be even harsher. These are very serious charges and should not be left in the hands of just any lawyer. The Law Office of Richard Lawson have vast experience in all types of DUI law and have defended hundreds of clients facing felony DUI charges. Vehicular Homicide DUI charges carry life-altering consequences. If you are facing these charges in Roswell, do not wait any longer, get the best DUI legal representation in Roswell GA, hire the Law Office of Richard Lawson! He is the premiere DUI Lawyer in Roswell GA.
Act Now. We can help you with your Roswell DUI Case
Contact a DUI Lawyer in Roswell Georgia today. Our Roswell DUI Attorneys are here 24/7 to help because your problems do not wait until Monday.
Map to Roswell Municipal Court
Map to Our Roswell Georgia Office
Roswell GA DUI Resources:
Roswell Georgia Court Services
Roswell Georgia Police Department
Roswell Georgia Official Website
Roswell Georgia Code Enforcement
Administrative Office of the Courts
Office of State Administrative Hearings