As of today, February 2nd, 2015, the warrant amnesty program for City of Atlanta has begun. This will be in effect from February 3rd, 2015 to March 27th, 2015. All active warrants issued by the City of Atlanta before November 18th, 2015 will be be canceled. If you had an active warrant out, now is the time to act and get rid of your charges. Many people with warrants want to go to the courthouse to settle their cases, but are afraid of going in for fear that they will be arrested and put in jail upon arrival. You do not necessarily have to have committed a serious crime to have a warrant issued. A common situation is “failure to appear”, which could have been caused by something as harmless as forgetting to go to court for a speeding ticket.
Luckily now is an excellent time to deal with this. For the next eight weeks, you can go to the Atlanta Municipal Courthouse at 150 Garnett Street, to settle your case. The courthouse will be open from 7:00 AM to 5:30 PM, Monday through Friday. For those who cannot make it at those times, the court will be open on Saturday, March 21st, starting at 10:00 AM, for people to seek resolutions. You can either register online or in person.
If you live out of town, and need to follow up with this by doing a “plea in abstentia”, or are uncomfortable going on your own, hiring an attorney will be the most effective way to deal with this. Attorney Andrew Lynch has much experience in dealing with this court and these warrants. Click below for additional information.
Many people debating to fight a DUI case in court wonder how, if at all, my refusal of the state sanctioned test of my blood, breath, or urine for alcohol or drugs will affect them at trial. The short answer is, your trial judge will charge your jury that a refusal of the state requested test of your blood alcohol content is an inference that alcohol would have been present but not that you were impaired. In non lawyer terms, it will be legally inferred you did consume alcohol, but the state does not get the inference that you were impaired or “drunk” on the alcohol. The judge will also tell your jury that the test is voluntary and you do not have to consent to the officer’s requested test.
Police Coercion in Getting You to Consent to a Search of Your Blood, Breath, or Urine in a DUI Investigation
A police officer arresting you for DUI can ask you for a sample of your blood alcohol content (“BAC”). Sometimes a person does not know what to do and turns to an arresting officer for advice. Sometimes the advice is fair and true, sometimes it is misleading and illegal. The following are factors in what is legal and what violates your rights:
“If an officer gives additional, misleading information that impairs a defendant’s ability to make an informed decision about whether to submit to testing, the defendant’s test results . . . must be suppressed.” Miller v. State, 317 Ga. App. 504 (2012). “Misinformation regarding the consequences of a refusal to submit to the state administered test may constitute unlawful coercion. Wallace v. State, 325 Ga. App. 142 (2013). Misinformation not necessarily required, “the court must evaluate the officer’s actions to determine if the officer acted reasonably in the situation and whether the procedure was applied in a fair manner.” State v. Rowell, 299 Ga. App. 238 (2009). “The procedure utilized by the officer in attempting to persuade a defendant to rescind [her] refusal [must be] fair and reasonable.” Id. Whether Defendant “felt coerced when deputy mentioned[whatever] . . is at the heart of the case. Id. at 240.
- Was the Officer’s statement deceptively misleading regarding breath test?
- Made specifically to encourage or coerce Defendant into consenting?
- Was conversation surrounding about breath test?
- Close in time?
- Did submission take place immediately after information?
- Intentional misinformation not necessary?
- Subjective feelings of Defendant is heart of case?
If you have been arrested for DUI you should seek an expert to review your case today?