Recent Blog Posts

Cobb County DUI Lawyer

Richard Lawson — Mon, 07 May 2012 16:46:00 GMT

Are you feeling stressed, confused, upset or angry after a DUI arrest? A Cobb County DUI Lawyer can help. There are often many challenges that can be raised against a DUI charge. Law enforcement in Cobb County must have a valid reason to stop your vehicle. It is against the constitution for them to stop you for no reason or on a whim. They need to have a reasonable, articulable suspicion to pull over your car. The only exception to this is at a roadblock, where there needs to be certain procedures in place as well. A Cobb County DUI lawyer can analyze the roadblock and let you know if it appears to be deficient in any way. Usually, a motions hearing is held on the validity of the roadblock and in addition to the arresting officer, a supervisor needs to come and testify about the objectives and setup of the roadbloack.

Field sobriety tests are voluntary and are often used against you as the officers almost always see "clues" of impairment. They tend not to factor in the fact that you may have been nervous, cold, sick, tired, etc. If there is a video, and you look and act normal, then you may raise the defense of no probable cause to arrest for DUI. This is a ruling that a Cobb County judge can make and will result in the DUI charge being dismissed if the judge makes the finding that there was not pobably cause. Talk to your Cobb County DUI lawyer about the law on this topic. A good Cobb County DUI lawyer will also probably file a motion to suppress the results of any blood or breath test. The arresting officer is required to give you what is known as an implied consent advisement prior to taking a sample. Sometimes, the officer gives an inaccurate or misleading warning. This often happens in cases where the driver has a license from somewhere besides Georgia.

A recent development due to some changes in the law over the past year regard an issue known as source code. Most tests in DUI cases in Cobb County are breath tests on the Intox5000 machine. This machine is old technology and defense experts (and likely most prosecution experts for the state of Georgia) are uncertain as to how they truly work....we don't know the progamming source code. The company that produces these machines, CMI, Inc. is based in KY. Based on the new ruling, a Cobb County DUI lawyer can in many instances get the presiding Cobb County judge to agree that we can subpoena the source code. However, Georgia courts do not have the power to tell people what to do in another state. It is up to a Kentucky judge to agree whether or not the subpoena should issue. This is complex litigation and the reason you need the best Cobb County DUI lawyer on your side. Call our Cobb DUI lawyers today for a free case analysis.

Cracking Down on Repeat DUI Offenders

Richard Lawson — Sat, 05 May 2012 20:17:00 GMT

In a Cobb County traffic court, the only thing worse than being charged with DUI is being charged with asecond DUI. Under current Georgia law, if you are charged with your second DUI in the past 10 years (as measured by date of arrest, not date of convictions), you face upgraded punishments and certain statutory requirements. While the laws may be changeing in 2013 regarding driver's license penalites for second DUI charges, the current requirements are that if it is your second DUI in 5 years, you will lose your license for a minimum of a year and than have to complete 6 months on an ignition interlock device before you can even attempt to get your regular license back. If you are facing your third DUI offense, you are looking at your DUI offense, while still a misdemeanor, being charged as a high and aggravated DUI offense. This means toughter punishments and more restrictions on good time or two for one credit at a Cobb County jail or detention facility.

Of course, our Cobb County DUI lawyers can help you navigate a first time DUI charge in Cobb County, but if you are facing a second DUI or have multiple DUI convictions, it is of great importance that you talk to our Cobb DUI lawyer Richard Lawson as soon as possible to discuss keeping your license and staying out of jail. Our office is always open and we are here to help.

It Seems Everyone Has a DUI These Days.....

Richard Lawson — Sat, 05 May 2012 20:07:00 GMT

Cobb County police arrest thousands of people for DUI each year as do the DUI officers for the incorporated Cobb citites of Marietta, Smyrna, Kennesaw and Acworth. Getting charged with DUI can be expensive and time consuming. It can also be embarrassing. Society tends to associate a DUI with having a drinking problem. Here at The Law Offices of Richard S. Lawson we have been representing Cobb Co. DUI clients for over a decade and we know the stress you might be feeling as a result of your DUI arrest.

Here is a list of celebrities with great careers who have also been charged with DUI offenses in recent years. Pop punk band Greenday front man and Broadway playwright Billie Joe Armstrong was arrested for DUI in 2003. Basketball legend Charles Barkley was arrested in 2008, and allegedly offered to tattoo his jailer's name on his rear end if he helped him get out. Reality TV star Khloe Kardashian was arrested for a driving under the influence in 2003. Actor Shia LaBeouf lost his license in 2008 because he refused to take a breathalyzer test after he was involved in an accident. Finally, in 2007 Kiefer Sutherland got a second DUI charge within a three year period.

All of these celebrities were able to resolve their DUI case and move forward with their lives and careers. If you have been arrested for driving under the influence in Cobb County or one of Cobb County's incorporated cites (like Marietta, Kennesaw, etc.), call The Law Offices of Richard S. Lawson today. We understand your situation and will help you get through your DUI with the best possible results.

Whitney Houston's Ex-Husband Bobby Brown Convicted of DUI

Richard Lawson — Mon, 30 Apr 2012 03:50:00 GMT

On the afternoon of March 26, 2012 hip hop singer and GA native Bobby Brown was pulled over in San Fernando Valley, California for talking on his cell phone while driving. The officer noticed that Mr. Brown appeared to be intoxicated and asked Mr. Brown to perform a field sobriety test. He was not able to pass the test to the DUI officers satisfaction, and was arrested for DUI on the spot.

On April 25, 2012 Mr. Brown plead no contest to the charge of misdemeanor DUI. He was sentenced to 3 years probation, a mandatory 90-day alcohol awareness program, a $390 fine and one day in jail. He worked with his DUI lawyer to get the best deal possible for his situation. If you are in a similar situation in Cobb County, GA you need to know that getting the best quality legal representation is not just for celebrities.

As you can see from Bobby Brown's DUI case, anyone can be charged with a DUI at any time. A Cobb County DUI charge can mean a lot of steep penalties and fines, but working with an experienced DUI lawyer can give you the best chance to avoid jail time and get your life back on track.

If you are in Cobb Co. and are looking for the best Cobb DUI attorney, look no further than the attorneys at the Law Offices of Richard S. Lawson. We are here to help 24 hours a day, seven days a week.

Second Cobb DUI and Repeat Cobb County DUI Convictions

Richard Lawson — Thu, 26 Apr 2012 01:31:00 GMT

For DUI arrestees, Cobb County can be a tough jurisdiction. Even for a first Cobb Co. DUI, most of the Cobb State Court Judges will give a person at least one day in jail. If you have a prior DUI conviction, even if this is only your second DUI, you will likely be facing 10 or more days in jail. And typically the Cobb County jail does not give 2 for 1 or "good time" credit for short sentences like many other county jails do. In addition, a second DUI can lead to a year long drivers license suspension and the requirement that an ignition interlock be installed. A third Cobb County DUI can lead to a multi-year license suspension and months in jail. If a Cobb County police officer arrested you for DUI, the case will likely go right to State Court. The prosecuting attorneys and judges in State Court are tough. However, even if you are arrested by a Cobb County city officer in a jurisdiction such as Kennesaw, Smyrna, or Acworth, the case is not a walk in the park. These cities all have tough prosecutors and judges that are conservative when it comes to DUI. If you have a record, it is an uphill battle to get favorable plea terms. That is why a skilled Cobb County DUI lawyer is needed especially for a second DUI or repeat DUI. Our Cobb County DUI office also proudly serves all the city courts of Cobb County including those in Acworth, Kennesaw, and Smryna.

First Cobb DUI

Richard Lawson — Sun, 25 Mar 2012 16:18:00 GMT

Cobb County Georgia is a conservative place when it comes to laws and law enforcement. Cobb County prosecuting attorneys and judges are tough on DUI and drug related offenses. Even for a first DUI in Cobb County, you are not going to get just a slap on the wrist. A conviction for a first DUI in your lifetime will go on your criminal record forever. And you don't get a "get out of jail free" card either. For first time DUI offenders, you are required to serve 24 hours of jail for a first offense. You may also lose your license for a year, even if you have never had so much as a parking ticket in your life. An experienced Cobb County DUI lawyer is needed to help protect your rights and your license. Our Cobb DUI attorneys can help you fight your case or negotiate a plea bargain. We can help you with questions about your drivers license. Call our Cobb County DUI office today for a consultation.

Cobb County DUI Cases

Richard Lawson — Thu, 08 Mar 2012 22:07:00 GMT

Cobb County is a tough place to get arrested for DUI. It is a conservative area with elected judges who reflect that. DUI offenders are not looked at fondly by judges and prosecutors. And if you are reading this, you probably realize that DUI enforcement throughout Cobb County is up. Several Cobb County towns maintain their own police forces and courts where they prosecute traffic offenses and the most serious traffic offense - a DUI. The cities of Smyrna, Marietta, Acworth and Kennesaw all have police forces that are extremely active in making DUI arrests. You go to court in their city courts first. However, the city courts in places like Acworth and Kennesaw are plea bargaining courts. If you want to fight your case with motions and a trial by jury, you have your DUI lawyer send the case to Cobb County State Court. Cobb County state court is located in downtown Marietta, GA and handles all the jury trials for any DUI case made in Cobb County. It has a large staff of full time DUI prosecuting attorneys and multiple judges who handle DUI cases on a near daily basis.

After being arrested for a Cobb County DUI, you may feel hopeless. However, there are often many defenses available to you. Our team of DUI lawyers know what to look for in a DUI case and get our clients the best possible results on their Cobb DUI charges. Give our Cobb County DUI law office a call for a free case consultation. We proudly serve all of Cobb County including Kennesaw, Smyrna, and Acworth city courts.

Mother Arrested for DUI with Toddler in Car

Richard Lawson — Mon, 16 Jan 2012 02:20:00 GMT

Recently, in Roswell, GA police arrested a woman for going 90 mph with a toddler on the back seat of her car according to reports. On December 16, a DUI officer with a radar gun clocked Angela Renee Bell, 38, of Flowood Mississippi, with going 90 in a 65 at 3am. When she was pulled over, the DUI officer reported that he smelled the odor of alcohol coming from her breath. The driver admitted that she had consumed some beers earlier. According to reports, Ms. Bell participated in field sobriety tests and was subsueqently arrested for DUI based on her performance and the manifestions of intoxication the DUI officer observed. She took a breath test and tests a .164 according to reports. There were two passengers in the car, an adult make and a 17 month old in the back seat. The presence of a toddler leads to a more serious DUI- child endangerment charge which makes the minimum fines, jail time, and license suspension implications substantially worse.

If you are facing a DUI charge in Cobb County / Marietta, call Cobb County DUI lawyer Richard S. Lawson today for a free case consultation. You have nothing to lose and our office is open 24/7 to assist you. Mr. Lawson and his team of Cobb DUI lawyers have years experience getting people great results on their DUI cases. We can help you get the best possible outcome.

Holiday DUI Arrests in Cobb County / Marietta

Richard Lawson — Tue, 27 Dec 2011 17:03:00 GMT

Cobb County and Marietta DUI officers are out in droves during the Christmas and New Years holiday time cracking down on stopping motorists. Most people are stopped for a minor traffic violation - like a seatbelt offense or a burned out headlight, but then Cobb County officers begin an inquisition asking about drinking and accusing the driver of smelling of alcohol or marijuana. While most Cobb County DUI arrests are for DUI - alcohol, an increasing number of Marietta and Cobb County officers seem to be asking the driver to submit to a blood test. The results of this blood work come weeks or months later, but the driver is still arrested for DUI and sent to a Cobb County jail for the night. Blood tests are not perfect - in fact, far from it, but they are generally more comprehensive and reliable than a breath test. They test for drugs like marijuana and cocaine, but also show prescription medications in the system as well as some over the counter drugs. So be careful if will be driving and take any medications or have even a sip of alcohol.

Typically, a Cobb County DUI officer will first ask the driver to take some field sobriety tests. All the while, they are observing you mannerisms - your speech, gait, eyes, etc. for signs of intoxication. Field sobriety tests are difficult to pass under the best circumstances---and when you are tired, cold, nervous, etc., a good performance can be challenge. However, Cobb and Marietta officers just take this to mean that you are under the influence of drugs and alcohol and a less safe driver.

If you or a friend / family member have been arrested for DUI or a possession of marijuana or cocaine charge following a traffic stop, call our Cobb County DUI attorneys today for a free consultation. We can help you achieve the best results possible and have years of experience working on thousands of cases. Call today!

Cobb County DUI Breath Test Machines

Richard Lawson — Wed, 07 Dec 2011 00:36:00 GMT

Have you been arrested for DUI? Do you recall the officer reading you a card and then asking you to submit to a state administered breath test? Was this very confusing because you just took a breath test (maybe even twice) and yet the Cobb County or Smyrna officer arrested you for DUI and is now asking you to take yet another test?

It seems that DUI procedures are designed to confuse drivers. It is stressful enough to be pulled over by a Cobb Co. or Smyrna officer, questioned about drinking, asked to perform DUI field sobriety tests, asked to give breath samples, arrested, and then read a card, but now they want another breath test and are talking about suspending your license for a year if you refuse? Yikes!

Cobb County DUI officers use a device called an Alco-sensor or PBT at the side of the road. Courts have held that these are very inaccurate and the reading it gives the officer is for his own use and is not admissable in court. All that can be said in court is whether the test was positive or negative for alcohol. But remember, it is not illegal to drink and drive in Georgia, it is just illegal to be over the limit (or drunk) and drive.

This is confusind to most drivers accused of a Cobb Co. DUI because they submit to an alco-sensor, but are then arrested and asked by the officer to take another breath test. Why would they want to do that? What about rights? Well, the Georgia courts have long held that it is not double jeopardy for the Department of Driver Services to have a seperate prosecution against an accused DUI driver to suspend their license for failure to take the second, or state administered, breath test. This is the test usable against the driver in Cobb County DUI trials and motions. However, the best DUI lawyers are challenging these results. There are many arguments to be made to keep the test results out of the DUI trial altogether. There are also scientific and programming challenges that can be mounted against the results.

If you are facing a Cobb County DUI in the Cobb state court or traffic court, or if you are facing a DUI in the Municipal Court of Smyrna, call Cobb County DUI lawyer Richard Lawson for a free case consultation.

DUI Trials in Cobb Co. Part Two

Richard Lawson — Wed, 28 Sep 2011 00:31:00 GMT

DUI Trials in Cobb County, GA PART TWO

Click here to see the first part of this DUI - Cobb County blog.

As discussed in the prior DUI blog entry, Motions are key in a Cobb Co. DUI case. A DUI Motion to Suppress asks the Court to exclude certain evidence from use at trial. If your DUI case involved a breath or blood test, getting these results (if they were over the legal limit) excluded from trial is VERY helpful in making your case easier to win. Just prior to trial, Motions in Limine are useful tools to the best Cobb DUI lawyers in getting statements and prior acts excluded from a DUI jury trial. However, even after winning a DUI motion to suppress, the Cobb Co. solicitors are unlikely to dismiss the case. They will likely still proceed based on the testimony of the officer that according to his training and observations, you seemed too drunk to drive safely. Video and audio evidence from the field sobriety evaluations become even more critical. A skilled Cobb County DUI lawyer has extensive training in the administration of field sobriety tests and possess the training handbooks used by the officers themselves. These are great tools to impeach the Cobb Co. DUI officers' credibility. The Cobb DUI prosecuting attorney must prove his or her case beyond a reasonable doubt. With no breath test results and impeached officer testimony, that is hard to do.

If you want to fight your Cobb County DUI charge and get the best outcome possible, call Cobb DUI lawyer Richard Lawson and his team of associate DUI attorneys today to fight your case. We have helped thousands resolve their cases and we can help you.

DUI Trials in Cobb County part one

Richard Lawson — Wed, 28 Sep 2011 00:13:00 GMT

DUI cases are prosecuted in the State Court of Cobb County in Marietta, GA. Sometimes a DUI case begins in the Municipal Court of a Cobb County city like Smyrna or Marietta, but if a plea bargain cannot be successfully negotiated, then the case is transferred over to the Cobb County State Court for Motions and trial by jury. If the arresting DUI officer was with the Cobb Co. Sheriff's Office, the case may begin in the Cobb County State Court traffic division. A prosecuting attorney on behalf of Cobb County or the respective city (like Marietta or Smyrna) will initially review the case. If it is sent to the Cobb trial division, a new prosecuting lawyer will be assigned to the case. This is a second opportunity to plea bargain, but often the offers are more favorable at the earlier arraignments. Good Cobb DUI lawyers will file a discovery motion and a motion to suppress evidence following the DUI arraignment. The discovery motions compel the Cobb County DUI prosecuters to give the DUI defendants lawyers all the evidence they plan to use against them at trial - like copies of breath and blood test results, police reports, accident reports, and any supplemental reports, audio and video recordings, and a list of witnesses. The Cobb County prosecuter may also file a notice of intent to introduce similar transactions at trial. The deals with prior acts and the Georgia rules of evidence, so it is important to talk to your DUI lawyer - Cobb County - to discuss this.

The Motion to Suppress will usually be set for a day following arraingment in the Cobb trial court, but before the jury trial calendar begins. A Motion to Suppress, as well as Motions in Limine (usually filed or made orally just prior to trial) are critical in winning a Cobb Co. DUI case. See part two of this blog entry for additional information on Cobb DUI motions.

If you want to contest your Cobb County DUI case, call the best Cobb DUI lawyers. Contact us 24/7 for a free consultation.

Jaime Pressly Sentenced on DUI Charges

Richard Lawson — Mon, 29 Aug 2011 02:56:00 GMT

Last week in California, actress Jaime Pressly of the NBC television show "My Name is Earl," plead no contest to her DUI charges. Several months ago the actress was arrested for DUI after failing field sobriety tests. Ms. Pressly was reportedly sentenced to 3 years probation, alcohol treatment classes, and required to install an ignition interlock in her vehicle. The ignition interlock requires the driver to breath into the device before the ignition will start. The device detects alcohol on the persons breath and if there is alcohol present, the car will not start.

In Cobb County, GA prosecuters are tough on DUI offenders. An ignition interlock device is a commonplace requirement for DUI sentences as is probation and alcohol and drug classes, DUI school, AA meetings, MADD impact panels, random drug and alcohol screens, and community service. Even for a first DUI offense in one's lifetime, Cobb County judges and prosecuters will often sentence people to high fines (plus court costs / surcharges) that total thousands of dollars. Jail time is often required by the DUI prosecuters in Cobb County as well. These serious consquences require serious help. A skilledCobb DUI defense lawyer should be consulted right away. Call the Marietta, GA law office of Cobb DUI lawyer Richard Lawson today for a free case analysis. We can help you get the best possible results on your Marietta DUI charges.

Cobb County Marijuana Cases

Richard Lawson — Tue, 26 Jul 2011 05:43:00 GMT

Marijuana can get you in a lot of trouble in the Marietta / Cobb County area. Cobb County law enforcement officers make numerous marijuana related arrests and Cobb County judges and prosecuting attorneys are tough on such offenders. A Cobb marijuana charge should not be taken lightly. The consequences for a conviction are steep and include loss of your drivers license ( even if your charge had NOTHING to do with driving), jail time, and an item on your criminal history that cannot be expunged.

In Georgia,possession of marijuana of less than an ounce is a misdemeanor. Possession of more than an ounce of marijuana is a felony. Distributing marijuana is a felony. A conviction for any marijuana charge will lead to a six month or longer suspension of your Georgia drivers license. This is a suspension without the possibility of a temporary or limited driving permit. The loss of one's license can be a severe hardship for many Cobb County residents. That is why it is important to speak to a Cobb County marijuana lawyer right away to discuss the many strategies that exist to combat the loss of your license.

Both misdemanor and felony marijuana charges can lead to jail time. Our lawyers have experience keeping people out of jail and on the road. We help people get the best possible results in Cobb County courts all the time for marijuana possession and distribution charges.

Our Cobb County lawyers also help drivers who are charged withDUI - drug offenses for marijuana. These charges can be quite unfair and if not handled properly, can lead to long time license suspension without the availability of a limited driving permit. There have been many studies equating alcohol intoxication with impaired driving. The correlation between marijuana and one's ability to drive safely is not nearly as strong. However, that does not stop Cobb County prosecuting attorneys from charging you with DUI for having a positive blood test for marijuana. In addition, marijuana stays in your body for a long time - about a month on average. In a not uncommon scenario, a Cobb Co. police officer will stop a driver late at night for some type of minor traffic violation i.e. speeding, an out headlight, etc. The officer will speak with the driver and may feel that the driver seems "out of it" or has red or watery eyes. However, the officer does not smell alcohol or his roadside breath test does not detect any alcohol. The officer wants to make an arrest for DUI, but it does not seem like an alcohol related DUI. He can ask you to submit to a blood test. If you refuse, this could lead to a one year suspension of your drivers license. So you agree to take the blood test. The results of the blood test do not come in for awhile, but you are arrested for DUI - drugs that night and go to jail. A few weeks later the results come back - and they are positive for marijuana. The Cobb County prosecuting attorney will proceed with a DUI - marijuana case against you. They allege that you were an unsafe driver based on being under the influence of marijuana. However, you know that the marijuana detected in your blood was not something you smoked before driving. The only reason your eyes were red that night was because you were tired. You were not under the influence of anything. That is where an attorney can help you. Our lawyers have handled many cases of this nature.

The facts of each case are different, but if you are facing a possession of marijuana charge in Cobb County, our marijuana lawyers can help. We have experience in Cobb County state court and in the Cobb municipal courts defending marijuana cases for our clients. We also have experience with DUI - drug cases. Our office maintains a 24 hour line, so call our Cobb Co. marijuana attorneys now for a free case evaluation.

Professional Football Player Paul Hubbard Arrested for DUI

Richard Lawson — Tue, 26 Jul 2011 05:23:00 GMT

Yesterday - July 24th, 2011 - professional football player Paul Hubbard was arrested for drunk driving after the vehicle he was driving reportedly struck a police officer. Hubbard is a wide reciever for the Buffalo Bills and was a 6th round draft pick. The arrest happened early in the morning in downtown Buffalo, NY. The officer was treated and released from the hospital.

In Cobb County, GA, a driving under the influence ( DUI ) case becomes a lot more serious if there is an accident involved. DUI cases ( even if it is the drivers first ever DUI charge ) can be elevated to felony DUI offenses in the state of Georgia if there isserious accident or injuries. Of course,vehicular homicides are very serious offenses with the DUI driver facing life altering punishments. Many cases of DUI in Cobb County - both those involving injury and those not involving injury - also involve the charge of hit and run. A "hit and run" charge is a serious charge in itself and can lead to jail time and the suspension of one's drivers license. When DUI charges are coupled with a "hit and run," the case gets even more serious and the potential jail time the Cobb County prosecuting attorney can recommend is substantial. Because of the enhanced sentence, and the possibilty of civil liability, it is even more critical in DUI cases involving accidents, injuries, and allegations of hit and run, for a Cobb County DUI lawyer to be consulted with as soon as possible following your arrest.

Lawyers at the Cobb County office of Richard S. Lawson have experience dealing with complex DUI, accident, and hit and run cases. We work hard to get our clients the best possible results during this stressful and difficult chapter in their lives. Our Cobb County lawyers have helped drivers keep their license and reduce and eliminate jail time. In addition, we are skilled trial lawyers and have helped many clients beat their charges altogether with a verdict of not guilty.

If you are facing a Cobb County DUI, call our attorneys today for a free consultation.