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Clean Slate: Can my Criminal Record be Expunged?

Thursday, 13 September, 2012 11:32
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If you’ve ever been convicted of a crime or found guilty of a DUI, you know just how devastating a verdict like that can be for your record.  Guilty verdicts, especially those given to people under the age of 21 for crimes like reckless driving or DUI can have major implications for their ability to obtain insurance, get into college, or even secure gainful employment.  While it isn’t always possible, there are some instances when expungement, or complete deletion, of a criminal record may be possible.

Atlanta traffic and criminal defense attorney Mickey Roberts offers post conviction service like expungement for some cases when specific actions have occurred.  Offenders who’ve pled guilty to a drug offense under “conditional discharge”, or having the charges dismissed after completing a sentence’s probationary conditions, may be eligible for expungement.  Conditional discharge is most commonly granted for first time (i.e., juvenile offenders). Conditional discharge may be revoked if an individual does not satisfy the terms of his or her probation.  It should also be noted that under current Georgia law, no DUI arrest may be expunged.

If the offender is under the age of 21 when he/she pled guilty to certain misdemeanors, absolution of a record may also be possible.  While it’s clear that the number of previous convictions and the nature of the infraction play a big part in whether or not you’re able to clear your name after a conviction, ongoing demonstration of good behavior is also a factor.

If an offender has completed a court ordered drug program and has not incurred any further convictions in five years from the time of their original ruling, expungement may be feasible.  If you were found not guilty of all charges during your case’s original trial, you may also be a candidate for expungement.   The process of expungement and post conviction appeals can be very complicated.  While there are a number of appeal eligibilities, it’s most important that you only entrust the help of an experienced defense attorney.

To learn more about the traffic and DUI offense council that Mickey Roberts offers his Atlanta area clients visit his website.  You can also connect with Mickey on Facebook, Twitter, and Google + for the latest DUI law updates.  

New Federal Transportation Money Brings Funds for Teen Driver Programs, Education, and Enforcement

Monday, 13 August, 2012 11:26
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The Federal Transportation Bill signed into law last month brings with it $46 million for state incentive grants to fortify distracted-driving programs over the next two years as well as $27 million for states that adopt safety standards like graduated licensing programs and prohibiting cell phone usage while driving.

Teen drivers in Atlanta would be the group most directly influenced by a change to our existing state graduated drivers’ license programs. Currently, in agreement with the standards set forth by the Insurance Institute for Highway Safety, teen drivers must be at least 15 years old to obtain their drivers’ permit.  As well, new drivers must log at least 40 hours of practice driving, 6 of which must be completed at night before they are eligible to take the written and field driving tests to obtain a Georgia drivers’ license.  Once they have their license, teens may not carry any passengers for the first six months, no more than one passenger under the age of 21 for the second six months, and no more than three passengers in the car at one time until the driver reaches 18.

While Georgia hasn’t made any official announcements about changes to the current cell phone and driving laws or teen driving laws, some safety group representatives are optimistic about the potential of the new Federal funds, “We know that new drivers have more crashes than more experienced ones,” says John Ulczycki, group vice president at the National Safety Council.

As a father who has defended clients charged with traffic violations in Atlanta for more than 30 years, I understand firsthand the long lasting effects teen driving violations like speeding, reckless driving, and under 21 DUI can have on a young person’s adult life.  Be sure to continue reading my blog and connect with me on Facebook, Twitter, and Google+ for the latest teen driving law updates.

How Lawyer’s Knowledge and Relationships Can Win Your DUI Case

Monday, 02 July, 2012 16:50
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When you are looking to hire a DUI lawyer, which is more important? The price the lawyer charges, or the experience and reputation the lawyer brings to the table?

There is an ongoing debate in legal circles as to how lawyers should charge. On one side is the old-school hourly billing crowd, who believe lawyers should charge by the hour. On the other side, is a new group who believes a lawyer should charge based on his/her knowledge and experience.

With the experience I’ve gained during my years of practice, I do see the benefit in charging based on knowledge, which can be illustrated by a recent case. Throughout my 32 years of practice I have accumulated a vast amount of knowledge on matters involving not only the law, but also about certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 32 years is in many ways invaluable.

My client was charged with a DUI, and registered a .17 on the State breath test. At first glance most lawyers would assume that it would be impossible to win a DUI case like this one. After looking at the video, however, I found that there were some issues in the case involving not only probable cause for the arrest, but whether the test should be excluded from evidence because of the way the officer read the Implied Consent warning.

I first approached the officer and told him, in a nice way, of my concerns about the breath test; after hearing me out, he agreed, and he went to bat for my client in talking to the prosecutor about reducing the charges. Then I talked to the prosecutor, whom I have known for over 25 years and eventually he agreed with me and reduced the charges.

Without the relationships I have developed with the officer and prosecutor and the reputation I maintain, I would have struggled more to have the charges reduced. In my opinion, experience, knowledge, and relationships are invaluable when it comes to DUI defense.

License Information for New Georgia Residents

Monday, 25 June, 2012 08:45
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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.

Don’t forget to join me on Facebook, Google + and Twitter for more information about Georgia driving laws.

How Motions Can Win a DUI Case

Wednesday, 13 June, 2012 11:17
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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.