Roswell DUI Lawyer for a Georgia Drunk Driving Arrest or Traffic Ticket - Best DUI Attorneys

Which Roswell DUI Lawyers have the Best Results in Roswell Municipal Court for a DUI or other Traffic Ticket?

Roswell DUI lawyers are all characterized as criminal defense lawyers in the state of Georgia. However, it takes additional, specialized training in the "science" of drunk driving defense to be able to win driving under the influence cases. This includes having instructor status in NHTSA standardized field sobriety testing, how to beat the breathalyzer test (Intoxilyzer 9000), and knowing the forensic issues necessary to challenge blood tests performed by the GBI.

Our DUI defense attorneys regularly appear in court at the Municipal Court of Roswell GA. Misdemeanor traffic ticket cases include several serious driving offenses including DUI, hit and run, attempting to elude a police officer, driving while suspended, racing, reckless driving and aggressive driving. Your legal advocate needs to be a a highly-rated criminal defense attorney, who appears regularly in Roswell Georgia. Both the criminal case and the Georgia DDS administrative license suspension hearings with an OSAH judge occur in the same courtroom at Roswell Municipal Court (on different court dates).

Roswell Municipal Court Location

Except for felony charges, every Roswell Georgia DUI case or traffic ticket offense starts in Roswell Municipal Court, which is located at 38 Hill Street, Roswell, GA 30075. The Clerk, Chad Roberts (or his staff members), can be reached at 770-641-3797.

Because the Municipal Court for the city of Roswell is a non-jury (Judge only) court, an accused citizen can demand a jury trial, which will cause the misdemeanor DUI case to be transferred to the State Court of Fulton County. So, a DUI defense lawyer seeks to negotiate a reduction of to a lesser charge, or goes to trial in Roswell Municipal Court or binds the case over to Fulton County State Court.

Therefore, a Roswell GA driving while intoxicated arrest can be resolved in two different courts, depending on whether your DUI defense attorney believes a bench trial or jury trial is the best alternative. The Roswell GA police department is highly rated among Georgia top police departments, and has handled tens of thousands of traffic cases of accused crimes, alleging unlawful drinking and driving.

Frequently Asked Questions (FAQs) about Roswell Police Department

Most Roswell DUI arrests are made by officers of the Roswell GA Police Department, located at 39 Hill Street, Roswell, Georgia 30075. Occasionally, a Georgia State Patrol trooper will make arrests that are booked into the Municipal Court in Roswell.

Multiple Roswell GA officers are trained as a Georgia DUI Task Force Specialist. Top criminal defense lawyers in Georgia offer the highest probability for you to win the criminal charges. Compare attorney ratings and credentials for Georgia attorneys who have been named to multiple legal industry “best DUI lawyer” lists, like Martindale-Hubbell, Super Lawyers and Best Lawyers in America.

What Happens after a Roswell DUI GA Arrest?

A Roswell DUI arrest is followed by being cuffed and taken to jail to post bond. A DUI in Georgia requires arrest, unless the suspect is injured in a DUI accident, and then taken to the hospital, and not to detention. A person under arrest for drunk driving in GA cannot obtain advice from a DUI lawyer until after being booked into the jail. Plus, when the GA implied consent law notice is verbally read to a detained GA DUI suspect, no Miranda rights are ever given, to tell the person in custody his or her legal rights under Georgia law or federal Constitutional law.

A Georgia DUI attorney, and one with decades of experience on how to beat a DUI, is who you want with you at the Municipal Court of Roswell. Complex legal issues are involved with all drunken driving cases, including field sobriety test evidence, breath alcohol test evidence and constitutional issues about the legality of the traffic stop.

Viable DUI defenses on legal challenges such as illegal search and seizure under the 4th Amendment, or a Fifth Amendment due process argument should be raised by written motions, so that trial court rulings can be ruled upon and made. Using a highly experienced DUI defense lawyer who knows which motion in limine or motion to suppress to file and the controlling case law authority.

"DUI Less Safe" and "DUI per se" in Georgia DUI Cases, Alcohol or Drugs

Georgia driving while intoxicated cases are usually one of two types: DUI less safe or (when a forensic breath test, blood test or urine test exists), for a person over the limit, called DUI per se. The phrase “DUI alcohol less safe” is sometimes written in the traffic ticket, or O.C.G.A. 40 6 391 (a) (1). A per se DUI really means “over the legal alcohol limit,” but for DUI weed cases, Georgia also has a DUI marijuana “per se” statute, GA Code 40-6-391 (a) (6).

Motorists under the age of 21 are held to a so-called “zero-tolerance” alcohol level (actually, in GA, a blood alcohol content of 0.02 grams percent or higher is the per se standard), so any admission to drinking alcohol (or to smoking weed) will result in immediate arrest. The special code section for underage DUI drivers is O.C.G.A. 40-6-391 (k). Adult drivers in Georgia (and the remainder of the USA) are permitted breath alcohol content levels of 0.08 grams percent, before a DUI alcohol per se case under OCGA 40 6 391 (a) (5) will be maintainable. But, with marijuana DUI cases, any measurable level of the psychoactive metabolite of THC is all that is required.

Roswell Is Now Georgia’s 8th Largest City

Following the Recession, Roswell has grown to be the eighth largest municipality in Georgia, with over 96,000 residents. Only Atlanta, Augusta-Richmond County, Columbus-Muscogee County, Macon-Bibb-County, Savannah-Chatham, and Athens-Clarke have more residents. The four consolidated cities (shown above by hyphenation) are allowed to count every resident within their respective counties.

Incorporated as a city in 1854, modern-day Roswell was (at one time) part of Cobb County and the former Milton County. During the Great Depression, the citizens of Roswell wished to have Cobb County “cede” (transfer) their city to Fulton County. Atlanta and Fulton County were far better off, financially, and were rapidly growing. So, in 1932, the city of Roswell became a Fulton County GA municipality.

ABOUT THE AUTHOR: William C. Head
William C. Head lives less than 5 miles from the Roswell Municipal Court, and has handled over 200 cases in that court in the past decade.

DUI lawyer Larry Kohn, DUI attorney Cory Yager, or Georgia's long-time DUI book author, William "Bubba" Head can help on a first DUI offense or repeat offense driving while intoxicated case. Mr. Kohn and Mr. Yager were each invited to write chapters for a national book published on how to get out of a DUI, which were published in 2016. Now all three partners are drunk driving book authors,

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.