Top 5 Things to Be Aware of Before Going to Traffic Court in Georgia

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Understand how to protect your rights when you go to traffic court – a lot can be at stake!

1. Under 21 Drivers Are More Likely to Have Their License Suspended After Going to Traffic Court

Under 21 Drivers

One of the  common mistakes young drivers make is going to court on a traffic ticket without fully researching what the consequences would be for an under-21 driver. In many cases, a minor speeding ticket or traffic violation can trigger an unexpected license suspension. This is especially problematic because often the driver will not be told of that their license will be suspended and in most instances that suspension does not take effect until weeks after the court date.

Although an attorney can file a motion to vacate the plea, often this is much more costly and time consuming than it would have been if the driver had researched the consequences of the traffic ticket in advance of court. Remember, although the court staff and prosecutor will usually try to advise the driver of all the relevant information, on a busy arraignment day in court, these types of advisements can fall by the wayside.

For instance, any of the below can trigger an automatic suspension of a driver under 21:

 

2. Understand the current status of your driving history

Understanding your GA Driving History In other words, you should know exactly how many points you currently have on your license – so that you can know if you should be worried about the accumulation of additional points as the result of this new ticket. Although people often worry about “points” on their driving record, this fear is normally misplaced. Typically drivers assume that their insurance rates will go up if they get any “points.” This is not necessarily true.

The insurance company is not normally concerned with the points Georgia assesses for individual offenses, but rather insurance companies tend to be preoccupied by what actual traffic offenses are listed on your record. This makes sense since the insurance company’s priority is assessing how risky of a driver you are. Unfortunately, people often plead “nolo,” believing that it will save them from a hike in insurance rates. Unbeknownst to those drivers, their insurance company will treat “nolo” pleas the same as “guilty” pleas when determining how and when to increase the premiums (see below).

Over 21 drivers should worry about the accumulation of points if they are close to having 15 points on their license within a 2-year period. That many points within two years will suspend the license (weeks after the final court date).

3. Is a “Nolo” Plea Right for Your Case?

Is a NOLO plea right for your Georgia Traffic Ticket Case?

One of the most common missteps people make is assuming that a “nolo” plea is right for them. What typically happens in traffic court is the driver goes to court determined to avoid a guilty plea. But once in court, the driver is told about the possibility of pleading “nolo” and it is explained that a “nolo” plea will keep points off the driver’s record.

This sounds like a fantastic compromise since the driver is usually preoccupied with keeping insurance rates down. Even more compelling is the fact that many of the other drivers in court readily agree to plea “nolo” – thus creating a false sense of security that if the driver’s peers are doing it, then the “nolo” plea is the way to go.

The problem with a “nolo” plea is that it does not offer any protection when it comes to insurance rates. Since the conviction is still listed on your driving record, it is highly visible to insurance companies. Even worse, each driver only gets to plea “nolo” once every 5 years. And while a “nolo” plea is useless when it comes to hiding infractions from your insurance company, it is very valuable in limited situations and drivers should be careful not to waste their “nolo” plea merely to avoid points (unless the driver is close to accumulating 15 points within a 2 year period).

For example, if a driver is charged with driving on a suspended license, having a “nolo” available will prevent a 6 month additional suspension of the license. Similarly, a “nolo” plea can be valuable in accident cases.

4. Bring All Relevant Paperwork to Court

Bring your paperwork to GA traffic Court

All too often drivers forget to bring critical paperwork to court. For instance, if a driver is charged with an equipment violation – e.g., broken headlight, or a tint violation this may be the kind of case that can be resolved by providing proof that the vehicle is now repaired. Another example is when the driver is charged with no insurance, but in reality the driver had valid insurance at the time – then similarly the driver should bring insurance documentation to court.

If the driver missed his original court date – but there is a very reasonable explanation – such as a hospital stay or some other personal emergency, then the driver should absolutely bring paperwork documenting that event and present it to the court.

5. What Are The Benefits of Transferring The Case Up to a Higher Court?

Understand your options before going to GA Traffic Court

In every municipal court in Georgia, the driver has the right to transfer his case out of that court and up to the higher county court.This is important because although it is counter-intuitive, many municipal courts impose  more harsh penalties than the higher county court would. Understanding the reputation of your municipal court as it compares to the county court is critical to making a good decision about how to resolve your case.

Most people don’t think about going to court as the first step in a multi-step process. As a result there is an assumption that a final decision needs to be made about the case at that initial court date. This assumption is problematic because it often leads drivers to agree to very onerous and unfair conditions at that initial court date, including high fine amounts, simply because they don’t understand that there are better alternatives. For instance, many of the municipal courts impose much more harsh traffic ticket penalties than the county court would.

But if you are unfamiliar with the landscape of the municipal court and how it compares to the county court, you are missing the opportunity make a much better decision about whether to accept the prosecutor’s offer. Normally folks assume that requesting a jury trial is too much of a big deal for their ticket, or that they won’t have an opportunity to negotiate a plea deal if a jury trial is requested. The truth is, the request for a jury trial is not scary at all. In fact, most lawyers who practice in that jurisdiction will know that there are a lot of benefits to transferring a case, even a simple traffic case out of municipal court. But, of course, this very much depends on the jurisdiction.

How Do I Clear Up My FTA Warrant in Atlanta?

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We are experts at removing FTA warrants in Atlanta Municipal Court

If you missed your court date for either a criminal or traffic citation, you are in failure to appear status. Once this happens, you need to clear up any bench warrant or FTA license suspension the court may have issued. Typically, you are required to schedule an appearance in front of a judge at a Failure to Appear (FTA) hearing.

Scheduling an FTA Hearing

The court does not automatically schedule an FTA hearing, so this is something that you will have to do on your own. Spaces on the calendar are available on a limited basis. You should contact the court at 404-658-6940 for more information and to make sure you can set up your FTA hearing.

2022-23 FTA Policies in Atlanta

Currently, Atlanta Municipal Court is not running a daily FTA calendar. Rather you will need to file paperwork with the court in order to be assigned a new court date. This is their new policy as of February 2022 and it has created a great deal of hardship for drivers, leaving them with months of a suspended license while waiting for a new court date. You can check the status of your case at the Court’s online portal.

What to Expect

Drivers call us every day with stories about waiting endless months for a new court date to clear up their FTA status in Atlanta.

Once drivers get to court, outcomes can vary, and rarely do they match what the driver expects.

For instance, many drivers believe that the court will treat them with more leniency if they have a clean driving history. However, the prosecutor is already aware of your record. So do not waste your time discussing your driving history – or even worse, trying to explain the circumstances of previous tickets. Additionally, while some prosecutors are inclined to rely on a clean driving record to mitigate some consequences, it usually does not completely absolve you from the charge.

It is also wise to research the underlying charge before going to the hearing. Prosecutors typically expect you to be prepared to quickly evaluate their offer and make a final decision about the case at the FTA calendar. Ordinarily, they are not inclined to discuss your reservations regarding the lawfulness or fairness of your original citation in great detail.

Help clearing a failure to appear

Lastly, you should know that if you appear in court the Traffic Violation Bureau (TVB) fine may not apply. However, the judge may order a fee amount that may be more or less than the TVB fine paid before you went to court. The judge also may require you to pay your FTA penalty prior to your court appearance. As a result, you may need to make sure you have adequate funds available before scheduling your FTA hearing.

How We Help

We are obsessed with getting FTA cases cleared up as quickly and painlessly as possible for our clients, and we spend a great deal of time in the Atlanta courts doing just that!

We jump into immediate action to get our client’s case in front of a prosecutor and judge as quickly as possible, without them ever having to come to court with us!

If you still have questions or want to speak with an attorney experienced with the Atlanta criminal and traffic courts, schedule a consultation with EHG Law Firm.

 

 

 

 

 

Why are field sobriety tests important and how are they used in a Georgia DUI arrest?

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1423Field sobriety testing is one of the primary tools that law enforcement uses to make a DUI arrest decision. The results are also some of the most compelling evidence presented at trial.

However, the public generally knows very little about what field sobriety tests are and has even less of an understanding as to whether they can be relied upon to accurately detect alcohol or drug impairment.

The media often parodies field sobriety testing. Although these depictions can be quite amusing, they are more closely based in fiction. For example, we often see shows where the officer asks the driver to touch the tip of his nose or recite the alphabet backwards. These popular misrepresentations that mock field sobriety testing likely contribute to the mistaken belief that in the absence of a breath or blood test the government has “no evidence” or rather, “no reliable evidence” in a DUI prosecution.
302In reality, law enforcement rarely relies upon the types of  roadside testing that we see on TV. Most people are surprised to discover that there are only 3 standardized field sobriety tests that are included in the national protocol for DUI detection. Also referred to as the standard “battery” of testing, these three tests make up the most reliably, and not surprisingly the most commonly relied upon tests in DUI investigations.
The 3 standardized field sobriety tests are horizontal gaze nystagmus (“HGN”), the walk and turn test (“WAT”) and the one-leg stand (“OLS”). These are the most reliable tests that well-trained officers rely upon in making an arrest decision. Obviously, the officer has other tools to evaluate impairment, including general observations and a portable breath test (“PBT”). But because the results of the PBT are often not admissible (at least in Georgia), a good officer will seek out field sobriety evidence.

The HGN test is not often depicted in the media and as a result, most jurors have never heard of it before. The HGN examination requires the officer to stand quite close to the driver, move a stimulus (often a pen light) in front of the driver’s face and closely observe the presence or absence of involuntary jerking of the eye. There are very specific steps the officer must take. Particularly as it relates to the manner in which the officer is trained to move the stimulus.

Under normal circumstances, the driver’s eyes should move smoothly back and forth across the field of vision. But when nystagmus is present, the officer should clearly see jerking of the eyeballs, similar to what happens when you roll a marble across sand paper. Alcohol consumption can cause this involuntary jerking of the eyes. The driver will not be able to tell if nystagmus was present or not, and as a result, most drivers assume that they have “passed” the HGN test. It is important to keep in mind that alcohol is really only one of many things that can trigger this involuntary jerking of the eyes. As a result, an officer will not rely on HGN alone when making an arrest decision.

413The second test, WAT, is in part a balance test, with an additional component that evaluates mental impairment. The officer asks the driver to stand in a heel-to-toe position while he goes through a layered set of instructions regarding how the test should be completed. This is called the “instructional phase.” Most drivers don’t realize it, but the officer is scoring the driver on his performance during the instructions. For instance, if the driver steps out of the heel-to-toe position, that is scored against the driver. Similarly, if the driver starts during the instructional phase, that too will count against the driver. The idea of this test is to evaluate a person’s ability to remember the somewhat subtle series of instructions.

The WAT has a total of 8 possible ways the driver can make a mistake – resulting in the officer observing a “clue.” If the officer observes 2 of the 8 clues, then this will support his decision to arrest the driver. The other clues he is looking for include whether the driver raises his arms, stops while walking, does not touch heel-to-toe on every step, steps offline, takes an improper number of steps, or turns improperly.

1244Finally, the officer will administer the OLS. This test is very similar to the WAT, but is a bit less complicated. The officer is only looking for 4 possible clues, yet like the the WAT, if the officer observes 2 of those 4, he will likely arrest the driver for DUI. The officer asks the driver to stand on one leg, foot raised 6 inches from the ground, and count by 1000’s until the officer ends the test. The officer is closely watching to see if the driver puts his foot down, raises his arms, sways or hops and records any clues he observes.

It is important to fully understand the value of these tests when evaluating the strengths or weaknesses of any DUI case. Most DUI practitioners will tell you that officers rarely administer these tests perfectly, and there are a lot of interesting areas to explore during cross-examination to demonstrate why the officer’s interpretation of the field sobriety tests may not be reliable. That being said, it is nearly impossible to fairly evaluate whether the prosecution has a strong DUI case without knowing how the field sobriety tests were conducted.

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.