Posted by duijim in on February 7, 2023
A DUI case can take a long time to resolve. Georgia courts generally don’t move a case forward until at least two years passes from the date of arrest.
If you have a DUI charge, you should consider filing a speedy trial demand. However, this strategy should only be used after careful consideration of all factors in your case.
Cases that Don’t End Up at Trial
Some cases never end up at trial, and they are handled through motions that challenge the state’s evidence against them. These motions may include arguing that the chemical test evidence is unreliable, or that field sobriety tests are not accurate predictors of intoxication.
Another kind of case that might not go to trial is one where the Plaintiff needs the case to be resolved quickly for some other reason. If this happens, the attorney will file a “motion to dismiss” with the court.
Occasionally, this type of motion will be successful. For example, it might be useful for someone who has a medical emergency, or a family situation that requires the case to be resolved as soon as possible.
In Atlanta, DUI cases are generally prosecuted in the Municipal Court of Atlanta, which is a quick-moving criminal court that focuses on efficiently resolving traffic violations. Often, law firms that know the solicitor assigned to their client’s case NEVER move their clients’ cases out of Municipal Court, until all efforts at a favorable resolution have been exhausted.
Cases That Do End Up at Trial
Most DUI cases begin in the Atlanta Municipal Court, which has a really high focus on efficiently resolving these types of cases. This means getting people to court, informing them of the charges, and getting the process started.
The first step in this process is obtaining counsel. In the Atlanta Municipal Court, this can often be done the next business day.
A second step is filing a motion for suppression. This is an important step in any case and can help to prevent the State from presenting any evidence at trial.
Finally, a pre-trial motion to dismiss the charge is an excellent opportunity to get an attorney skilled in DUI defense working on your behalf. These cases can be difficult to dismiss because of the arresting officer’s reluctance to admit mistakes in their DUI police evidence, but a skilled lawyer can know what issues to look for.
A third step in the DUI trial process is jury trial. This is an intense experience, and involves a judge reading the law to a jury, then allowing them to discuss the case together.
Cases That Go to Trial
DUI cases are some of the most common trial cases in Atlanta. They are also some of the most challenging cases to defend.
A DUI case can be very complicated, and you need an experienced attorney to help you navigate through this legal minefield. It’s especially important that you hire an attorney who knows the courts and processes by which DUI cases are prosecuted in Atlanta.
One of the most powerful tools that a DUI defense lawyer can use is a motion to suppress evidence. This can keep out certain evidence the prosecution wants to use in their case, so that the jury never sees it.
In many of these cases, the defense lawyer and prosecutor will go back and forth arguing different issues with the judge. This can make the jury trial take longer than a bench trial.
Cases That Don’t Go to Trial
If you’ve been arrested for a DUI in Georgia, the consequences can be devastating. It’s important to get a qualified Atlanta DUI lawyer at your side to protect your rights throughout the legal process.
The right to a speedy trial is a constitutional guarantee that every criminal defendant should be brought to trial within a reasonable time. However, state law determines what constitutes a reasonable time for trial.
In Fulton County, for example, a felony DUI case must be tried within two terms of court in order to satisfy the statutory speedy jury trial demand.
Despite the statutory demands, a DUI case in the City of Atlanta may not be bound over to Fulton Superior Court until 14 – 18 months after an initial arraignment date. In that scenario, a Defendant is given the opportunity to ask for a motion to dismiss on constitutional speedy grounds as soon as the Fulton County Solicitor files on the charge approximately 14 – 18 months later.