Traffic and Speeding

A traffic ticket isn’t just a simple matter that you can handle yourself. The consequences of a traffic ticket, even a speeding ticket, can follow you for years and have an enormous financial impact on your future. The amount of your automobile insurance premiums is based on several different facts; most notably your driving record. It’s critical that you have someone who regularly practices in municipal court help when you get a traffic ticket. Katie Elwart is an experienced traffic violation attorney who can help you build a strong defense.

Why should I hire a lawyer to handle my traffic ticket? Can’t I just pay the ticket online?

There are many reasons to hire a lawyer to help you handle your traffic ticket when you’ve been pulled over and cited. The most simple answer is that it will save you money in the long run! When you pay a traffic ticket online or in person, you are PLEADING GUILTY to a crime. When you receive a traffic ticket, in addition to paying the fines online, your insurance rates can be raised for up to the next FIVE years! There can be other consequences that will cost you money: you will miss work to handle the ticket, your life insurance rates may climb, and you can continue to accrue points on your driving record, which becomes expensive and can put you at risk for a license suspension. Most people think that fighting a traffic ticket is time consuming and expensive. With Katie Elwart’s help, that doesn’t have to be the case.

Katie has extensive experience fighting traffic cases and understand the traffic laws in Georgia. When possible, she can appear in court on your behalf (saving your time away from work and your other obligations) and can fight your case in court to get you a lower fine or have your ticket potentially eliminated with no points taken from your driving records.

Our Georgia Traffic Attorneys can provide legal help for all traffic violations including:

• Speeding Ticket
• Super Speeder
• Following too closely
• Reckless and/or Aggressive Driving
• Failure to stop
• Suspended or Expired license
• No Insurance
• Commercial driving violations

Don’t Pay that Speeding or traffic ticket online and don’t try to go to court to handle it yourself! Call (770) 847-9354 to discuss your options!

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DUI

A conviction for DUI can have long-term consequences in your life: license suspension, jail time, expensive fines and more. Facing these charges can be a daunting task, and it’s important to have a skilled and zealous lawyer on your side. Luckily, Katie Elwart has years of experience handling DUI cases and knows the important first steps you must take to protect yourself and the various ways to fight these cases in court.

I was arrested for DUI. What is my first step?

THE THIRTY DAY RULE

If you have been arrested for DUI, it is critical that you hire a lawyer immediately. You have thirty (30) business days from the date of your DUI arrest to request an administrative license suspension hearing form the GA Department of Driver Services (DDS). If you don’t send this letter within thirty days of your arrest, your license will be suspended by DDS for as long as a year.

I didn’t give a blood or breath sample when I was pulled over. How can I be charged with DUI?

If an officer pulls you over and suspects that you are driving under the influence of drugs or alcohol, the officer can arrest you for DUI. Georgia law allows the government to charge a DUI in a number of different ways. Some of the laws include:

• If the officer suspects you are under the influence of alcohol or drugs and administers field sobriety tests which have poor results, you can be charged with DUI-less safe, meaning that you were operating a vehicle under the influence of alcohol and/or drugs to the extent that you were a “less safe” driver. Even if the substance you took is legal or legally prescribed to you, you can be arrested for DUI if it impairs your ability to safely operate a vehicle.
• In Georgia, if you consent to a test of your blood, breath or urine and alcohol is detected in your system, you can be charge with DUI “per se” under the following circumstances:
  • You are considered to impaired to operate a vehicle when your blood alcohol content level (BAC) meets or exceeds .08%;
  • For drivers who are under the age of 21 years, you can be charged with DUI per se, if your BAC meets or exceeds .02%;
  • For a commercial truck drivers in Georgia, you can be charged with DUI per se if your BAC meets or exceeds .04%.

I’ve been arrested for a DUI. What am I facing if I’m convicted?

In Georgia, driving under the influence has a number of different penalties, depending upon your driving history and unique circumstances. It is imperative that you hire qualified, competent counsel to help you understand how these laws apply to you.

First DUI within 10 years:

If this is your first DUI in the past ten years, Georgia law has mandatory sentence conditions that may apply if you are convicted. They include:

• $300 to $1000 fine, plus mandatory surcharges and probation fees
• 10 days to 1 year in jail, although all but the first 24 hours may be served on probation
• A required Risk Reduction course (i.e. “DUI School”)
• 40 hours of community service
• An evaluation performed by a qualified clinician to determine if you have any substance abuse issues. If the clinician recommends follow-up treatment for substance abuse issues, that may be a required part of your sentence.
• A one year license suspension (although an experienced attorney can help you keep some of your driving privileges).

Second DUI within 10 years:

If this is your second DUI in the past ten years, Georgia law has mandatory sentence conditions that may apply if you are convicted. They include:

• $600 to $1000 fine, plus mandatory surcharges and probation fees
• 90 days to 1 year in jail, although all but the first 72 hours may be served on probation
• A required Risk Reduction course (i.e. “DUI School”)
• 30 days of community service (i.e. 240 hours)
• An evaluation performed by a qualified clinician to determine if you have any substance abuse issues. If the clinician recommends follow-up treatment for substance abuse issues, that may be a required part of your sentence.
• A three year license suspension (although an experienced attorney can help you keep some of your driving privileges).
• License plate confiscation
• Photo and disposition published in the county’s legal organ
• Many more negative consequences

Third DUI within 10 years (FELONY charge, you will be declared a Habitual Violator)

• $1000 to $5000 fine, plus mandatory surcharges and probation fees
• 120 days to 1 year in jail, although all but the first 15 days may be served on probation
• A required Risk Reduction course (i.e. “DUI School”)
• 30 days of community service (i.e. 240 hours)
• An evaluation performed by a qualified clinician to determine if you have any substance abuse issues. If the clinician recommends follow-up treatment for substance abuse issues, that may be a required part of your sentence.
• A five year license suspension (although an experienced attorney can help you keep some of your driving privileges).
• License plate confiscation
• Photo and disposition published in the county’s legal organ
• Many more negative consequences

Do not try to handle a DUI charge yourself or use an inexperienced attorney. Katie Elwart has extensive, in depth knowledge of the municipal and state courts in the metro Atlanta area, and is well versed in the various penalties that you are facing. Katie has a strong record of getting excellent results for her clients facing a DUI, and knows how to successfully challenge many of the physical and chemical tests that the police perform. She can assist you in fighting these charges and keeping your driving privileges intact. Call (770) 847-9354 today for immediate assistance!

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Drug Charges

A drug crime conviction is one of the most aggressively punished in the state of Georgia, carrying out a number of criminal consequences, including steep fines, probation and prison time. It can also put your job, your future, and your freedom in jeopardy. If you arrested for drug charges, it is critical that you get the best lawyer you can to help you defend yourself. Call our firm at (770) 847-9354 right away, so Katie Elwart can help you begin to build your defense.

I’ve been arrested for a drug offense. Is my charge a felony or a misdemeanor?

In Georgia, with the exception of possessing a small amount of marijuana (which is a misdemeanor), all drug charges are felonies, including possession, sale and manufacture of prohibited illegal substances. In general, if you are caught using, selling, or manufacturing drugs, you may be facing jail time and significant fines.

What’s the difference between possession and distribution? How can I be charged with distribution or trafficking if they didn’t catch me selling drugs?

When the police charge someone with possession, it’s because they feel the facts and circumstances of the case indicate that the drug possession is simply for personal use, rather than distribution. Keep in mind, you do not have to be in ACTUAL physical possession of a controlled substance to be charged as such. If the contraband is found in your car or your home, you may still be charged with a crime, although the search that led to the discovery of the drugs MUST have been performed lawfully.

As for distribution charges, while you may not have a large amount of drugs found, the police can try to charge you with distribution if they feel that the facts and circumstances indicate that you intended to distribute the drugs, rather than keep them for your personal use. This can lead to enhanced penalties and fines if you do not have an experienced lawyer to point out the weaknesses in the government’s theory. To be charged with trafficking a controlled substance, the government must be able to prove that you possessed a certain weight, and in some circumstances a certain purity, of a controlled substance.

I was charged with possessing a Schedule II controlled substance. What does that mean?

In Georgia, all controlled substances are divided into schedules depending on the anticipated danger and addictive qualities associated with the substance. There are five different schedules in Georgia law. The penalties for the various schedules of drug vary greatly, depending on the type and the amount that the police allege you possessed.

Schedule I and Schedule II drugs (i.e. heroin, cocaine, amphetamine, LSD) are considered more dangerous and addictive and the penalties are harsher. Possession of these substances is charged as a felony and are punishable up to 15 years in prison.

Schedules II, IV, and V controlled substances are punishable for up to 5 years in prison for a first time offense. Second and subsequent offenses and distribution carry much harsher potential jail sentences and fines.     

How can a lawyer help me fight a drug case?

Katie Elwart has almost 20 years of experience fighting drug charges in Georgia. It’s very important to get a lawyer to look at your drug case early on. Many times, there are legal issues surrounding the search of you, your car or your home that can be challenged in court. Additionally, it’s extremely important to have an experienced lawyer who can assess all aspects of the case, including the crime lab testing results, which can result in a significantly more favorable outcome.

Finally, many courts in the metro Atlanta area offer alternative resolutions to drug charges, including diversion and drug courts. Katie Elwart has extensive experience practicing law in these court and is able to assess your case and your unique circumstances to determine if you qualify for these alternative resolutions.

You don’t have to face your drug charges alone. Take control of your case by enlisting the help of an experienced drug crime lawyer who has developed an immeasurable understanding of Georgia drug laws. Call (770) 847-9354 to speak to an attorney today.