In Gwinnett County, Georgia, there are some specific laws that you should be aware of. These laws pertain to the charges you may face if you are caught driving under the influence.
DUI cases are heard in Recorder’s Court
If you are arrested for DUI in Gwinnett County, Georgia, you will likely be sent to Gwinnett County Recorder’s Court. This is a special-legislated court that handles misdemeanor traffic and code ordinance violations. However, it does not have the power to prosecute felony cases.
Gwinnett Recorder’s Court is a court of first impression for most traffic tickets. As such, a plea bargain can be achieved in this case. Some cases can be reduced to non-DUI traffic violations. The defendant has 30 calendar days to request a license hearing. During this time, your attorney can contact the officer who arrested you and obtain valuable information for your defense.
A stipulation of implied consent in the Georgia Code specifies that motorists must allow urine and breath tests. Most DUI cases are prosecuted in Gwinnett County Recorder’s Court.
In 2019, approximately 40% of DUI cases were transferred to the state court. The move was announced by the Gwinnett County Solicitor-General’s office. There is a lawsuit being filed against two judges, Katherine Armstrong and Wesley Person, for refusing to sign the paperwork transferring the cases.
The judge’s ruling was overturned by the Georgia Court of Appeals. Whiteside’s office claims the decision violates their duties. They say the judges are unwilling to sign the paperwork, which would delay the cases.
The Gwinnett County Recorder’s Court only hears non-jury trials. Defendants who wish to appeal their case must do so in the State Court of Gwinnett County. It is possible to file motions to exclude evidence, dismiss the case or obtain a different trial date.
The Gwinnett County Solicitor’s Office also oversees the prosecution of DUI offenses. The office is led by Solicitor General Rebecca Szabo. Among other duties, the Solicitor’s office employs investigators and prosecutors.
According to the Gwinnett Recorder’s Court website, the court handles thousands of misdemeanor and traffic violations each month. It is located in an annex of the county’s courthouse. Shared space is also available with the county’s juvenile court.
If you are charged with a DUI in Gwinnett County, Georgia, your attorney can advise you on how to handle your case. Contact a Gwinnett County DUI attorney to discuss your case and find out where it will be heard.
Chemical sobriety test
When you are pulled over on suspicion of driving under the influence, the officer may ask you to take a chemical test. This can be either a blood or urine test. If you refuse, you could face a long license suspension and a DUI conviction.
The most accurate test is the blood test. In Gwinnett County, Georgia, the legal limit for impaired driving is 0.08%. However, for drivers under 21, the legal limit is lower. For commercial drivers, the limit is higher.
Aside from a blood or urine test, the police may also use a “field sobriety” test to determine whether a driver is drunk. These tests are subjective and not always reliable.
One of the most important things you can do if you are charged with DUI in Gwinnett County is to get an experienced lawyer. An attorney can help you review your options, explain your rights, and help you through the process.
Another good idea is to make sure you don’t lie to the law enforcement officer. Lying to them can result in a different type of charge.
Another possible legal defense is the pretrial diversion program. It is an alternative to jail that allows first-time offenders to admit they are in violation of the law. Participants are required to complete a three-phase intervention program, which includes substance abuse treatment, vocational training, and relapse prevention.
While there are many ways to win a DUI case, you need an attorney who will mount a strong defense. Getting legal advice from a knowledgeable DUI attorney can give you the best chance of protecting your freedom and livelihood. Contact a Gwinnett County DUI lawyer today to find out how he or she can help you.
You may also be able to challenge the results of the blood or urine test. Although the law requires you to consent to a chemical test, there are ways to legally contest it. There are also court-appointed expert witnesses who can provide testimony in your favor.
Taking the time to find a DUI lawyer can be a worthwhile investment for dui laws in gwinnett county. He or she can advise you of your legal options, examine your case, and send private investigators to investigate the scene of an accident.
Jury trial
If you have been charged with a DUI, you can have a Gwinnett County DUI lawyer fight for your rights. Your lawyer can explain how the process works and can also provide information about what will happen.
Generally, a DUI arrest in Georgia is handled in Gwinnett County’s Recorder’s Court. The purpose of this court is to reduce the number of impaired drivers. It is a court that is supervised by a state court judge.
A first time DUI offender can opt for a Pretrial Diversion Program. This program requires the offender to accept full responsibility for the charge, and is not a permanent record.
In addition to DUI, some counties in Georgia also handle child endangerment charges. These can result in stiff fines and jail time. An experienced DUI attorney can defend your rights in these cases.
Another way to get out of a DUI is to negotiate a plea deal. A good DUI lawyer can work out a deal to get your case dismissed.
In addition to handling DUI, Gwinnett county has many other types of court. These include the Gwinnett State Court, and a variety of municipal courts. Some municipal courts will require you to attend a hearing.
In addition to the court system, there are several police agencies in Gwinnett County. They are constantly on the lookout for repeat DUI offenders.
When you are arrested for a DUI, you will be taken to the Gwinnett County Jail. At this point, you may be given a citation and a bond. You will also have a blood test.
If you are accused of a more serious offense, such as a child endangerment charge, you will be faced with criminal proceedings. As the court system is very busy, it is important to hire a Gwinnett County DUI attorney to represent you.
After your arrest, the documents you are given will list many details. This includes your arraignment date, the name of the police officer, and other information.
There are a lot of other courts in Georgia, including the Gwinnett State Court and the probate court. Each of these courts handles DUI cases in different ways.
Child endangerment charges
If you’ve been arrested for DUI in Gwinnett County and have a child under 14 in the car, you will likely face both a DUI charge and a child endangerment charge. The two offenses carry different penalties, and they can have far-reaching consequences on your driving record and the custody of your child. A qualified DUI attorney can help you to understand the charges and your rights.
There are numerous situations in which you could be charged with child endangerment. Most of these cases involve parents who drive while under the influence of alcohol or drugs. However, there are also other people who can be accused of child endangerment.
The first and second offense of child endangerment are misdemeanors. Those who are convicted of a third and beyond offense will face felony charges. Felonies are punishable by up to five years in jail.
Besides jail time, you may face fines of up to $1000 for the first offense, and $5000 for the second. In addition, your driving license will be suspended for three years for a conviction.
You can also face an enhanced penalty for a third DUI with a child in the vehicle. Depending on your previous offenses, you could face up to a year in jail for the fourth DUI with a child in the vehicle. Even if you have no prior record, you can still be charged with a DUI with a child if the police suspect you of being a habitual offender.
You should immediately retain a Gwinnett County DUI attorney to defend your case. This is important, especially if you have a child under 14. A skilled lawyer can help you to protect your rights and prevent an interference with your parental relationship.
Because of the potential consequences, you should take care to research the laws in Georgia. You can also speak with a qualified Gwinnett County DUI attorney to determine what your rights are and to see if you qualify for a reduced sentence. With a defense, you can avoid a criminal record, a hefty fine, and other negative consequences.
A Gwinnett County DUI attorney can provide legal assistance to protect your rights and your family’s future.
