The most frustrating thing in Georgia DUI Defense is the Administrative License Suspension Hearing. Very often our clients have potentially good cases, but because they allegedly refused the State's chemical test, they are facing a "hard suspension" of their drivers license. A hard suspension means that there is no limited permit or restricted license.
So, our clients may have a completely winnable case, yet, the State uses the ALS Hearing to force the person to choose to lose their license while their case is pending. The refusal itself will result in a license suspension at the ALS Hearing.
So, the client is faced with choosing to drive in exchange for a plea of Guilty to DUI, or they face having no drivers license while they fight their case. Of course, most people cannot survive without a license. So, potentially innocent people agree to plead guilty to DUI in order to keep their ability to drive.
This is a sad situation created by our legislature in order to "crack down" on DUI drivers. What is also does is crack down on innocent people. Even if only one innocent person is swallowed up in the State's crack down, that is an unconscionable injustice.
Every day I realize more and more that government does not concern itself with justice or fairness. Government only concerns itself with providing predictable outcomes. We are representing someone right now that will make the decision to plead guilty to DUI in order to drive. Government does not care that this is an injustice.