- Motor Vehicle Hearing:
To preserve your right to drive in Georgia,
you or our office must request an administrative hearing within 10
business days after your license has been taken from you by an officer.
This is for all drivers under 21 who registered a .02 or more, all
drivers over 21 who registered a .08 or more, and all drivers of a
commercial vehicle who register .04 or more.
ALL DRIVERS REGARDLESS OF AGE WHO REFUSE THE STATE TEST. If you had a
valid license when stopped, you are qualified for a temporary license
to drive until the hearing. You will be mailed a notice of the hearing
about three weeks after your request. If you lose at the hearing, you
can not drive after the hearing. In some cases you may qualify for a
work permit and may be able to reinstate the license within 30 days.
Crucial defenses can be developed at the hearing.
- Arraignment:
This is the date on your ticket, about 30 to 60 days after your arrest.
In some cases you will not have to appear. However, many courts will
require your presence at arraignment. If you have an attorney, he will
advise you.
ALL MOTIONS TO EXCLUDE EVIDENCE MUST BE FILED AT ARRAIGNMENT OR THEY
ARE WAIVED.
Arraignment is an important hearing and the attorney must be aware of
all issues that are relevant in order to get harmful evidence against
you excluded.
- Pre-trial Conference/Plea Negotiations:
Your attorney will discuss your case with the prosecutor and attempt to
work out the best disposition possible. This is an on going process.
Many cases do not get resolved until the eve of trial.
- Suppression Hearing:
The Court may suppress some or all of the evidence against you if your
constitutional rights have been violated. Your attorney will file
motions to suppress. In some courts there will be a separate hearing
date. In other courts, motions will be heard right before trial.
- Trial:
In Georgia we have the right to a jury trial. This is held before six
people who will determine innocence or guilt. In some cases, we will
opt for a bench trial where a judge will decide innocence or guilt.
- Sentencing:
The Court imposes a sentence after a conviction at trial or after a
plea bargain is accepted and a plea entered. Sentences may include jail
time, in home detention, public service, alcohol classes and fines.