How can I be charged with a DUI when I didn’t take a breath test?

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For many people charged with DUI, it’s extremely puzzling how the government can go forward on a DUI case with “no evidence.” Underlying this question is the assumption that a blood or breath test is required to prosecute a DUI charge. However, this is not the case.

A DUI charge often involves a lot of different types of evidence. While we commonly hear about breath and blood tests in connection with DUI arrests, we are often less aware of the evidence collected during the roadside investigation.

Field sobriety evaluations are a crucial part of the investigation. But there are even more subtle stages that can support the officer’s conclusion that a driver is under the influence. These stages include the vehicle in motion, approaching the vehicle, and how the driver exits the car.

VEHICLE IN MOTION

Most drivers do not realize police officers collect evidence of impairment from the very first moment they observe the vehicle. Even if the initial traffic violation is mild, the officer is on alert and begins his investigation before pulling the car over.

For example, they monitor how long it takes the driver to respond to the emergency lights. Does the driver respond immediately, or does it take an inordinate amount of time for the driver to pull over?

They also observe how the driver pulls over.  Does the driver choose a relatively safe location, does the driver pull over an appropriate distance from the travel lane, and/or does the vehicle strike the curb?

APPROACHING THE VEHICLE

Once the driver pulls over, the next stage of the investigation begins. As the officer approaches the vehicle, he looks to see if the vehicle is in park or if the driver absent-mindedly left the car in drive. Occasionally a nervous driver will inadvertently put the vehicle in reverse instead of park.

Additionally, if the driver prematurely opens the door as the officer approaches, this can be considered a sign of poor judgment and possibly impairment.

After approaching the vehicle, the officer pays attention to how a driver produces his license. Does the driver fumble with the plastic sleeve in his wallet, or has the driver misplaced his license? Occasionally the driver will hand over the wrong card — such as an ATM card — instead of the license. This mixup is also something the officer might note.

During this stage, the officer is also on the lookout for any noticeable masking odors such as perfume, gum, or a recently lit cigarette. When present, the officer may conclude that it is an attempt to cover the smell of alcohol or marijuana.

EXITING THE VEHICLE

The next stage of the investigation starts when the officer asks the driver to step out of the vehicle. Officers closely monitor how drivers exit for any signs of impairment. Does the driver have trouble getting out of the car? Do they hold on to the vehicle for support? Does he stumble? These types of occurrences count against the driver.

After the driver exits the car, the officer asks them to walk to the rear of the vehicle. During this time, the officer closely watches to see if the driver lays his hand on the car for support. This action suggests that the driver is having difficulty balancing — another sign of impairment.

Next, the officer positions the driver in front of the camera located on the patrol car. They watch to see if the driver has trouble following instructions as to where to stand. And since most drivers are uncomfortable standing near fast-moving traffic, it is not uncommon for a driver to mishear or misunderstand where the officer is directing him to stand. As a result, any confusion as to the officer’s instructions is often attributed to impairment.

INVESTIGATION METHODS

In addition to looking for any of these behavioral signs of impairment, officers also use specific questioning tactics. One method includes frequently asking the same questions multiple times. Although it may seem as if the officer is incredibly forgetful, this is a very strategic and well-used investigative technique. Often drivers will give different answers – suggesting either a misrepresentation of the facts or impairment of mental faculties.

Another favorite method is asking the driver to state his location. Although this may seem like a relatively easy task for a sober driver, they are often escorting other people home, and they may be in an unfamiliar area. With the ubiquitousness of GPS navigation systems, this is not uncommon. And if a driver is unable to specify the exact location of the stop it is almost always attributed to impairment.

Along with questions regarding location, an officer asks the driver if he can accurately estimate what time it is without looking at a watch. Officers use this technique to evaluate the driver’s time and place orientation. Again, being unable to answer these questions correctly is considered a sign of impairment to the officer.

In short, while a blood or breath test is very compelling evidence in a DUI case, it is far from the only evidence. Balance, demeanor, speech, driving performance, and other unusual behaviors are just as compelling and routinely used in DUI prosecutions.

 

 

How Much Will My Traffic Court Fines Be?

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One of the first things drivers worry about when they receive a traffic ticket is what the financial cost of this ticket will be. Depending on your prior experience with traffic courts, you may be surprised by how quickly the fines and surcharges can add up. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court. This is primarily because most traffic offenses can carry a fine amount of anywhere between zero to $1000.00.

For example, on a simple failure to maintain lane ticket, the maximum fine is $1000.00 and the minimum fine is zero. The surcharges are then calculated as a percentage of the base fine.

850What factors can affect the fine amount?

Fortunately most courts in Georgia will generally accept fines set at approximately $300 or below for these types of routine traffic offenses when the individual has a clean driving record. However, it is not entirely uncommon for judges or prosecutors to insist on the maximum fine of $1000.00 for certain drivers and/or offenses.

Although there are a few courts with a reputation of imposing the maximum fines on a regular basis, you will normally only see fines approaching $1000.00 when the case presents unusual circumstances. Sometimes, if the driver has an extensive driving history, the fine will be increased. For example, some judges will require $100.00 for every prior offense to be added to the base fine.

If a driver has been particularly unpleasant towards court personnel or the ticketing officer, the court or prosecutor may insist on a higher fine. As a result, always remember to be very careful and courteous when addressing all individuals associated with the court, whether by telephone or in person.

How do I resolve my FTA Status Featured ImageIf the prosecutor reduces my citation, will the fine automatically be lowered as well?

Many drivers are surprised when they go to court and negotiate a reduction of the original charge to a lower speed, or a non-reportable offense, but are then told that the fine will be increased. This is a common practice amongst prosecutors in courts across Georgia. The prosecutor recognizes that there can be important and compelling reasons to reduce traffic offenses, which often depend on the individual circumstances of the driver and the facts that led to the citation. As a result, when a driver requests a reduction, the prosecutor may find it appropriate to impose a higher fine amount.

In addition to a higher fine, the prosecutor may also want the driver to take a defensive driving class. This is to ensure that while the driver may be avoiding a permanent record of the original citation, he or she will not likely forget the investment of time and money that was required to resolve the ticket.

If this is my first speeding offense, what are the maximum fines that could be imposed?

All fines refer to the base fine, so remember that additional surcharges will be added on. However, O.C.G.A. 40-6-1 sets a cap on the amount of fine that may be collected when it is the driver’s first offense. There is no fine imposed if you are driving 5 mph or less than the speed limit. If you are driving more than 5 mph but no more than 10 mph, the fine should not be more than $25.00. Between 11 and 14, the maximum fine is $100.00. The fine for speeding 15 mph to 18 mph is $125.00. Between 19 mph and 24 mph the maximum fine is $150.00. And finally, a citation for 24 mph through 34 mph will be capped at $500.00.

If this is not the driver’s first offense, than the normal $1000.00 maximum fine will apply for most traffic offenses.

Failure to Appear (FTA) in Georgia: Penalties, Bench Warrants & How to Clear It

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A Failure to Appear (FTA) could happen to anyone. You receive a traffic ticket and—even though you fully intended to attend court—it never makes it to your calendar. The ticket gets misplaced. The court date comes and goes, and you’re blissfully unaware of the process now underway to suspend your license and possibly issue a bench warrant for your arrest. An even worse scenario: you don’t see the notice from DDS, and you find out about the bench warrant and suspension from a police officer on the side of the road, who writes you a new ticket for driving on a suspended license and takes you to jail—and you can’t bond out until the bench warrant is lifted.

An innocent, common mistake can lead to highly disruptive and unexpected consequences. The good news: once you know about the FTA, it can usually be resolved—often without you ever setting foot in a jail cell. If you need help now, call EHG Law Firm at 404-771-6675 or request a free consultation.

What Is a Failure to Appear (FTA)?

When you miss a required court date in Georgia—for a traffic ticket, a misdemeanor, or another charge—the clerk places your case in “Failure to Appear” (FTA) status. If they don’t hear from you or your attorney, the court will typically issue a bench warrant for your arrest and notify the Georgia Department of Driver Services (DDS) to suspend your license (or, for out-of-state drivers, your home-state DMV). An FTA is common: nearly 40,000 people miss traffic court in the Atlanta Municipal Court alone every year.

What Happens After an FTA: The Penalties

  • A bench warrant for your arrest—issued by the judge when you miss court.
  • A driver’s license suspension—the court sends an FTA notice to DDS, and DDS suspends your license.
  • A new criminal charge—if you’re pulled over unaware, you can be arrested and charged with driving on a suspended license.
  • Added fines—most courts impose an FTA fine (usually around $100) to reinstate your case.
  • A permanent mark—an FTA suspension stays on your driving history unless it was issued in error, which can be a real problem for anyone whose job depends on driving.

Will I Be Arrested If I Go Back to Court to Fix It?

This is our clients’ single biggest fear—and it’s reasonable, because judges commonly issue a bench warrant when someone misses court. But it is rare for a person to be arrested when they return specifically to resolve an FTA. The whole point of the bench warrant is to get you back to court to close the case. In the outlier cases where someone is detained, it’s usually because of a warrant in another jurisdiction or a separate matter. If you’re worried, it’s wise to speak with a local attorney before you go.

There are two ways people do get arrested on a traffic bench warrant: in the “original jurisdiction” (e.g., you missed court in Atlanta and are later stopped in Atlanta—usually a quick release with a new date), or far from it. If you miss court in Atlanta and are stopped in Cobb County, the officer won’t drive you back to Atlanta—you’ll wait at the Cobb County Detention Center for Atlanta to send a transport vehicle, and you often can’t bond out. That wait can be hours or considerably longer. An attorney can often get the warrant lifted in the original court instead.

How to Resolve an FTA or Clear a Bench Warrant in Georgia

Once you’re aware of the FTA, resolving it is often a matter of communicating with the issuing court, paying the FTA fine, and getting the court’s paperwork to DDS to lift the suspension. The process varies court to court—some require you to appear before the judge in person, especially if you handle it yourself. One of the biggest benefits of hiring an attorney is that, in many cases, the attorney can have the FTA and bench warrant lifted without requiring you to appear in court at all.

A few practical notes drawn from how these cases actually go:

  • Don’t ignore it. Warrants do not expire. The longer you wait, the more serious it gets.
  • Don’t just turn yourself in without a plan—that can mean being held without bond. Often a better path is to file a motion to lift the warrant and schedule a hearing.
  • Don’t guess what your court requires. Every court handles FTAs differently—some let you walk in for a new date, others require an appearance. Call the clerk’s office to ask how that court handles FTA cases (some run an early-morning FTA calendar; others require you to sign up in advance).
  • If you had a valid excuse (like a medical emergency), bring physical printouts of documentation—courts usually prefer paper over your phone screen.

License Suspension & Reinstatement After an FTA

An FTA on a traffic case routinely leads the court to notify DDS, which then suspends your license. The Georgia law authorizing this is Rule 375-3-3-.12, Suspension of License for Failure to Appear.

To get your license reinstated:

  1. Get a clearance letter from the court, or a 912 license reinstatement form (in Georgia this is the “912 form”). The court does not automatically send this to DDS—you must request it and submit it yourself.
  2. Take the 912 form to a local DDS branch along with the reinstatement fee (usually around $90).

If more than 30 days have passed since you missed court, ask for a certified 912 form from the clerk’s office on your way out to head off a suspension. You can check your license status any time at www.dds.georgia.gov (out-of-state drivers can find the suspending Georgia court through their home DMV). Out-of-state reinstatement is trickier, because other states aren’t familiar with Georgia’s 912 form—we often manage that communication for clients. For DDS questions you can call 678-413-8400.

Missed a Traffic Court Date Specifically?

Most FTAs start with something small—a speeding ticket or a broken-headlight citation you meant to deal with. If your FTA is on a traffic ticket, the steps above apply: confirm the issuing court, clear the FTA (often just an FTA fine and a new court date), and make sure DDS gets the paperwork to lift any suspension.

Failure to Appear by Georgia Court

The exact process depends on which court your case is in. Jump to your court, or tap a court below to expand it:

Atlanta Municipal Court

Atlanta Municipal Court does not automatically schedule your FTA hearing—you have to arrange it, and calendar space is limited. You can reach the court at 404-658-6940 and check your case on the court’s online portal. As of recent policy, the court has required filing paperwork to be assigned a new date rather than running a daily FTA calendar, which can leave drivers suspended while they wait. Note that if you appear in court, the Traffic Violation Bureau (TVB) fine may not apply—the judge may set a different amount and may require the FTA penalty be paid before your appearance. We appear in the Atlanta courts constantly and work to clear these cases without our clients ever having to come to court.

Fulton County

We regularly clear bench warrants and FTAs in Fulton County. If there’s a warrant for your arrest, an attorney can often address it without you being taken into custody.


Cobb County

A missed date in Cobb can trigger a bench warrant and a DDS suspension tied to the State Court of Cobb County. You can reach the Clerk’s office at (770) 528-2622. We can often resolve it without a personal appearance.


Sandy Springs Municipal Court

If you missed a date at Sandy Springs Municipal Court, the court will place you in FTA status and, if they don’t hear from you or your attorney, issue a bench warrant and notify DDS (or your home-state DMV).


Alpharetta Municipal Court

Missing an appointment at Alpharetta Municipal Court results in an FTA, usually followed by a bench warrant and a license suspension. If you act quickly, your attorney can often explain the situation to the judge and have the warrant withdrawn, then help you get the 912 form to reinstate your license.


Roswell Municipal Court

To reinstate your license after an FTA in Roswell, first contact the Roswell Municipal Court clerk at (770) 641-3790 for your next steps. The courthouse is at 38 Hill St (same building as City Hall downtown). Note the court will not issue the 912 release form until the underlying citation is closed.

Marietta Municipal Court

A missed traffic date in Marietta can bring a bench warrant and a license suspension. If you’re resolving it yourself, contact the Marietta Municipal Court at (770) 794-5400 for instructions on whether you need to appear. The Clerk is available Monday–Friday at 240 Lemon Street, Marietta, GA 30060. In many cases, an attorney’s help means you never have to go to court.

Chamblee Municipal Court

When you miss a date at Chamblee Municipal Court, the clerk puts your case in FTA status; if they don’t hear from you or an attorney, they’ll issue a bench warrant and suspend your license with DDS (or notify your home-state DMV).


Brookhaven Municipal Court

A missed date at Brookhaven Municipal Courthouse likely means an FTA charge, a bench warrant, and a DDS suspension. To reinstate, contact the City of Brookhaven Municipal Courthouse at (404) 637-0660 to schedule a hearing.

Smyrna Municipal Court

If you forgot a traffic date in Smyrna, the Smyrna Municipal Court Clerk has likely placed you in FTA status. Contact the court at (770) 431-2804 to schedule a hearing; they’re located at the Smyrna City Hall Building, 2800 King St SE. Sometimes resolving your FTA status is as simple as paying a fine online.

Gwinnett County Recorder’s Court

For an FTA suspension out of Gwinnett, the first step to reinstating your license is contacting the issuing court—the Gwinnett County Recorder’s Court at (877) 794-0988—for instructions. Resolving the FTA is sometimes as simple as paying a fine, but other times requires an in-person appearance if you don’t have an attorney.

How EHG Law Firm Helps

Solving FTAs quickly and painlessly is one of our favorite ways to help people get back to normal. We’re obsessed with clearing FTA cases as fast as possible for our clients—jumping into immediate action to get the case in front of a prosecutor and judge, usually without our clients ever having to come to court with us. We handle FTAs and bench warrants across Metro Atlanta: Atlanta Municipal Court; Fulton, DeKalb, Cobb, and Gwinnett County courts; and city courts including Marietta, Decatur, Chamblee, East Point, Sandy Springs, Brookhaven, South Fulton, Alpharetta, Roswell, Smyrna, Tucker, Dunwoody, Snellville, and more.

EHG Law Firm · 675 Ponce De Leon Ave NE #8500, Atlanta GA 30308 · 404-771-6675 · Request a free consultation

Frequently Asked Questions

What does FTA mean in court?

FTA stands for “Failure to Appear.” It’s the status the court clerk assigns when you miss a required court date for a traffic or criminal citation.

What is an FTA charge?

It’s the charge that can result from missing court. In addition to your original ticket, the court can add a failure-to-appear, issue a bench warrant, and start a license suspension.

What is an FTA warrant?

It’s the bench warrant a judge issues for your arrest after you miss court. Its purpose is to compel you to return and close the case; an attorney can often get it lifted without you being taken into custody.

Does a failure to appear suspend your license in Georgia?

Yes—for a traffic matter, the court notifies DDS, which suspends your license under Georgia Rule 375-3-3-.12. You reinstate it with a court clearance letter or 912 form plus the reinstatement fee (usually around $90).

How do I get an FTA release form (912 form)?

Request it from the issuing court once your underlying citation is resolved—the court does not send it to DDS automatically. You then submit it to a local DDS branch with the reinstatement fee.

How much is an FTA fine?

It varies by court, but the FTA fine to reinstate a case is usually around $100, separate from any fine on the underlying ticket.

How long will I stay in jail on a bench warrant?

It depends on where you’re arrested. In the original jurisdiction you’re often released quickly with a new court date; arrested elsewhere, you may wait for transport back. The fastest way to avoid custody is to have the warrant lifted proactively.

Dunwoody DUI and Traffic Attorney

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Duwoody DUI Lawyer

Dunwoody Municipal Court is nestled in an easily accessible office complex very close to the Perimeter Mall. Although it is quite convenient to get to, it is a good idea to arrive early, as parking can be limited on days with a busy court calendar.

The Court entrance is directly across the hall from the Police Department. When you first enter, one of their amazingly patient and charming bailiffs will direct you to the Clerk’s window and ask that you sign in.

Once the Clerk has checked you in, you will be ushered through the security screening and into the courtroom. You will be asked to turn your mobile devices off and/or return them to your car. If your phone goes off in court the Judge will have the option of confiscating it.

Dunwoody has more than one judge so if you have to go back to court on multiple occasions you may not be in front of the same judge. That is true of the Dunwoody prosecutors as well. Typically there will be two prosecutors at any given calendar. On the days there is only one however, you can expect that there may be some unavoidable delays.

Normally the prosecutor will take time to speak with anyone who wishes to have a pre-trial discussion with them about their case. This may be the first opportunity you have to find out how the prosecution would like to resolve your case. Although they do their best to move through these conversations quickly, it can still take quite a long time to be reached.

Lawyers will often be called first. This is a professional courtesy extended to attorneys since they are frequently scheduled to be in more than one court at the same time. The court staff understand that other judges around town are waiting for those attorneys to appear in neighboring courts. As a result, it is a normal practice to allow attorneys to speak with the prosecutor and appear in front of the Judge before other people who are representing themselves.

If you are attending court on a “document case” – or rather, a case where you simply have to show your insurance or license was indeed valid on the day in question – make sure you bring your original paperwork! Not all prosecutors or judges will accept electronic copies as proof of compliance.

You will be given the option to plead guilty or not guilty. If you are charged with a traffic offense under State law, you have the right to a jury trial. The bailiffs will give you paperwork discussing this right. Read the paperwork carefully. If you plead not guilty, you will have to designate which kind of trial you are requesting. If you indicate you are requesting a bench trial, then you will also be waiving your right to a jury trial when you sign the paperwork. Once you waive your right to a jury trial you no longer have the right to transfer your case over to DeKalb County. Sometimes this is exactly the right decision. And other times, it may not be.

Talk to a lawyer today to find out what options you have before going to court!