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Archive for June, 2012

License Information for New Georgia Residents

Monday, 25 June, 2012 08:45

Georgia law requires an individual to apply for a Georgia driver’s license if they have resided in the state for more than 30 days. Although it is sometimes difficult for law enforcement to prove, it’s crucial to obey the law to avoid unnecessary stops. The process of transferring your license from out-of-state to Georgia is relatively simple. If you have a valid driver’s license or a license that expired less than two years ago, you can go to a local Department of Driver Services (DDS) location to receive a Georgia license. You will be asked to surrender your current license and provide proof of residency, identity, and citizenship.

If your license has been expired for less than 2 years, in addition to the information noted above you will need to take the vision exam at your local DDS.  If your license is expired for more than 2 years, you will also be required to take the written, road and vision exams. If you have lost or misplaced your out-of-state license, you will need to present an original letter of clearance or certified driving record from the issuing state at the time of application.

It’s important to note an expired or invalid license is not the same as a suspended license. Getting caught with an expired license is a lesser offense than driving with a suspended license, although law enforcement can tow your car if they decide to.  Driving on a suspended license can get you arrested and your car impounded.

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How Motions Can Win a DUI Case

Wednesday, 13 June, 2012 11:17

There are many ways of winning a DUI case, and one way is to fight the case with “motions”. Motions are pleadings filed with the court asking it to throw out the case entirely or limit evidence that the State can use against the defendant.

The most common motion I use is called a Motion to Suppress.  This motion serves 3 purposes. First, it could possibly win the entire case, such as when the court rules the stop illegal. Second, it allows me to cross examine the cop to see if he/she can actually articulate why the defendant was arrested for DUI, whether they followed their training, and so forth. This is especially important in cases where there is no video of the arrest. I can cross examine the officer and many times show the State that the officer did not follow basic operating procedures for a DUI arrest, or doesn’t make a good witness.  Finally, sometimes the officer fails to appear for the hearing and the case gets thrown out.

One of my most recent cases shows the importance of motions: my client was stopped for weaving, supposedly failed all of the field sobriety tests, and registered a BAC (blood alcohol content) of .08 on the breath test. At the motions hearing, the officer was unable to remember or articulate my client’s physical appearance, could not articulate how he administered the field tests, and most importantly, NEVER testified that he read the implied consent warning (the warning needed as a prerequisite BEFORE admission of any State breath test). As a result the .08 was excluded from evidence. After the hearing, the State approached me and offered a dismissal of the DUI in return for a plea to reckless driving. My client readily accepted the reduced charge, and the case was over without the further expense of a jury trial for my client.

Motions are an important tool in aggressively defending DUIs, and any good DUI attorney should use motions on most DUI cases.  To learn more about the DUI defense and other traffic related services I offer visit my website and continue to read by blog.  Connect with me on Facebook and Twitter for access to the latest traffic offense news and updates.

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.