Recent Blog Posts

Another "Lost" Star Arrested for DUI

Richard Lawson — Sat, 12 May 2012 19:33:00 GMT

Sometimes a late night craving can turn into a year long headache. On Friday May 4, former Lost star, Matthew Fox was arrested in Oregon for driving while under the influence while he was on his way to a fast food restaurant. A police officer noticed he was driving erratically and pulled him over for failure to signal and inability to maintain lanes. This is important to note because in Forsyth County, GA police cannot legally pull you over randomly or because you are leaving a bar, you must have already committed an offense such as failure to signal before they can pull you over. If they suspect intoxication, it will be because of what they observe from inside the car once they have pulled you over i.e. slurred speech, bloodshot eyes, the smell of alcohol or drugs, etc.

The actor was taken into custodyand released a few hours later. This is his first DUI but he will still be facing charges such as jail time, loss of license, fines and community service. If you find yourself in a similar situation in Forsyth County or if you think that you were pulled over and charged with DUI without just cause, call our Forsyth DUI lawyers today. We will fight for your rights and work to get your charges reduced or thrown out all together.

First DUI Offenders in Forsyth Co.

Richard Lawson — Sun, 25 Mar 2012 17:06:00 GMT

The increase in bar, restaurant and entertainment options in Forsyth County GA has lead to an increase in DUI enforcement. Forsyth County makes a tremendous amount of revenue off of DUI convictions. A large portion of the State Court of Forsyth trial calendar includes drivers charged with DUI and alcohol and drug offenses. Many of these DUI cases are first time DUI charges. What is scary is that even a first time DUI ( or just one mistake ), can lead to a DUI conviction which can include a lengthy license suspension and jail time. It is important to speak with a Forsyth DUI lawyer as soon as possible following your DUI arrest to discuss your options and protect your rights. Our DUI lawyers get our clients the best possible results. We routinely negotiate cases and fight for your clients at trial and motion hearings. Call our law office today to see how we can help you. Whether it is your first lifetime DUI offense, or if you have prior DUI convictions, we can help you devise a strategy for dealing with your DUI case.

UGA football player Orson Charles arrested for DUI

Richard Lawson — Mon, 12 Mar 2012 22:29:00 GMT

DUI enforcement in Georgia is aggressive. Throughout the metro area, numerous motorists are stopped and arrested for driving under the influence ( DUI ) and related offenses such as minor in possession of alcohol ( MIP ) and possession of marijuana / drugs. This past weekend, former UGA tight end, Orson Charles, was arrested in Athens in the early morning hours. According to the DUI police report, Charles had his car stopped in the road for no reason and he did not perform well on the DUI field sobriety evaluations. He was given a breath test and was found to be over the legal limit in GA. He was arrested and is now awaiting his initial court date.

Forsyth County GA is one of the toughest jurisdictions in northern GA when it comes to DUI offenses. Any given night, if you drive around Forsyth County, you will likely see numerous Forsyth Co. police vehicles and may even see people performing the DUI evaluations such as the one leg stand and the walk the line test. Forsyth County prosecuting attorneys are zealous in their prosecution of DUI cases. They often offer outrageous plea offers for even a first time DUI including jail time, high fines and fees, probation, lengthy license suspensions and other sanctions like MADD victim impact panels and alcohol and addiction treatment and counseling. They also maintain a DUI court program which requires weekly court apperances and random searches of one's home.

If you have had the unfortunate circumstance of being arrested for a Forsyth County DUI offense, call our Forsyth DUI office today for a free case evaluation. Our experienced team of DUI lawyers is available to help you through this difficult time and to get your best result. Our DUI office is open 24/7, so call us anytime about your legal needs.

Forsyth County DUI Investigations

Richard Lawson — Tue, 27 Dec 2011 19:54:00 GMT

Forsyth County is one of the toughest jurisdictions in the state of Georgia on DUI offenders. They regularly want additional jail time and high fines and fees for even first time DUI offenders. Forsyth DUI officers have been cracking down during the Christmas / New Years holidays. If you or a friend or family member has been charged with DUI, you probably have a lot of questions. While a first time DUI offense is usually a misdemeanor, it is one of the most serious offenses handled in the Forsyth County State Court and the prosecuting attorneys for Forsyth Co. are extremely tough when it comes to working out a plea or a reduction to a lesser charge.

Our DUI attorneys negotiate many favorable plea bargains for our clients in Forsyth County. In addition, we are also trial attorneys and will investigate and fight your DUI charges at a judge or jury trial in Forsyth State Court. We utilize some of Georgia's best investigators and DUI experts when contesting a DUI case. There are often many challenges that can be mounted against faulty police work, the Forsyth DUI officers credibility, the lack of evidence against you, and challenges to any blood or breath tests. The Intoxilizer 5000, the breath test device used in Georgia, is very unreliable.

If you are facing a Forsyth County DUI, call our DUI office now to see how our lawyers can help you get the best results on your DUI charges. We have a variety of payment plans and structures available and our open 24 hours a day, seven days per week. We look forward to hearing from you.

DUI Breath Tests

Richard Lawson — Sun, 11 Dec 2011 21:08:00 GMT

Forsyth County Georgia prosecuting attorneys and judges defer heavily upon the results of the state administered chemical test - usually the breath test results from the Intoxilyzer 5000 - when determining the plea offers and sentences of those charged with drunk driving ( DUI ). .08 is the legal limit in Forsyth County (and throughout Georgia) for someone over the age of 21. The legal blood alcohol limit is .02 for those under 21. For someone driving a commercial vehicle with a CDL, the legal limit is a .04. But how accurate are these breath tests? Many drivers are shocked to learn after submitting to a breath test that the results are over the legal limit. They may have only had a beer or two and a Forsyth County DUI officer is now telling them that they are well over a .08 and are DUI. These machines are far from accurate. Unfortunately, we cannot know the exact parameters of how they work and their accuracy because the company that makes the Intoxilyzer 5000 (a KY based company called CMI) simply refuses to reveal the programming or source code upon which the machines rely. And Georgia DUI prosecuting attorneys and judges for the most part don't care. They just rely on what the print out from the breath test says. This is troubling when there is so much on the line for a Forsyth DUI conviction. The bright side is that there are things that the best DUI lawyers can do to challenge these results. There are suppression arguments and expert witnesses who can testify as to the validity (or lack thereof) of these breath tests. If you are facing a DUI charge, call Forsyth County DUI attorney Richard Lawson. Mr. Lawson is a tough DUI lawyer who regularly wins cases and gets his clients the best results. Call him today to discuss how he can help your case.

Forsyth County DUI Trial

Richard Lawson — Wed, 28 Sep 2011 01:28:00 GMT

If you are arrested for driving under the influence ( DUI ) in Cumming Georgia or the greater Forsyth County, GA area, you are facing some of the toughest DUI prosecuting attorneys and judges in the state of Georgia. In some jurisdictions in Georgia, prosecuting attorneys allow those accused with DUI and their DUI lawyers examine the evidence against them and soon begin plea bargaining or make the decision to have a trial on the charges. In Forsyth County, prosecuting attorneys are slow to allow those charged with DUI to see the video tape evidence of the DUI stop, field sobriety evaluations, and arrest. Typically, the video and audio evidence is not available for the accused driver until after the Forsyth County State Court arraignment. Arraignment is the first court date that happens several weeks after the arrest (and often after the administrative drivers license suspension hearing).

After the accused DUI driver and DUI lawyer have a chance to review all the evidence, they can negotiate with the Cumming DUI prosecutors and file to have a Motions hearing where they attempt to have evidence against the DUI driver - like breath test and field sobriety test results - excluded from trial. If negotiations are not favorable, then the accused can go to a trial. The Forysth DUI prosecutors must prove the charges beyond a reasonabel doubt for a jury to convict. That is a high burden.

Each case has its strengths and weaknesses. Call our experienced Forysth DUI lawyers today to discuss your unique set of circumstances and how they can be contested and the best result achieved. Our DUI defense practice, proudly serving Cumming, GA and the greater Forsyth County area, is open 24/7, so call anytime to discuss your DUI charges and get your questions answered.

Wrestler Arrested for DUI

Richard Lawson — Wed, 21 Sep 2011 03:25:00 GMT

Former WWE wrestling champion Matt Hardy was arrested recently for a second DUI in North Carolina. His car was reportedly spotted by other motorists who were concerned that he was going to cause an accident. A responding law enforcement officer allegedly saw Hardy's car swerving into a curb and then back onto the road. The officer initiated a stop based on the impaired driving. According to source, Hardy exhibited signs that the officer felt were consistent with DUI - slurred speech and sleepy eyes. The officer asked Hardy to submit to DUI field sobriety tests, which he did. During the walk and turn test, Hardly reportedly lost his balance and the test had to be stopped. Hardy then agreed to take the breathalyzer test which revealed no alcohol! However, the tests continued and Hardy was arrested for DUI-drugs. He is scheduled to appear in court for arraignment in late November.

In Cumming, GA, Forsyth County police officers make thousands of arrests for DUI. It usually begins with a traffic stop for something like speeding or failing to maintain lane. Then the officer will observe things like slurred speech, an odor of alcohol, or bloodshot eyes. Usually the officer will ask the driver to take field sobriety tests. When the Forsyth County officer fails the driver, they will usually place the driver under arrest for DUI and ask the driver to submit to a breath test. If the officer suspects the driver to be under the influence of drugs as opposed to alcohol, then they might ask the driver to take a blood test instead. A DUI-drug offense carries with it the same serious consequences as a DUI-alcohol charge expect that the possible sanctions on one's drivers license are even more severe. Plus, the driver faces being charged with possession of any illegal drugs that may be found as well. Drivers are often charged with both DUI - drug offenses and possession of marijuana.

As Forsyth County judges are very hard on DUI offenders, a good DUI lawyer is important to getting you the best possible results and keeping your license. Call Forsyth County DUI lawyer Richard Lawson today to discuss how to beat your case and stay driving. Attorney Lawson has helped thousands of people charged with DUI and he can help you too.

Paris Hilton completes Probation

Richard Lawson — Wed, 21 Sep 2011 03:10:00 GMT

Last year, Paris Hilton and her then boyfriend, Cy Waits, were arrested when their vehicle was stopped by police in Las Vegas. Waits, the driver, was arrested for felony DUI charges for driving under the influence of marijuana. He was also charged with possession of marijuana. Hilton was charged with possession of cocaine when cocaine fell from her purse and with obstruction of law enforcement. Hilton entered a guiilty plea to her misdemeanor charges and was placed on one year of probation. Her probation term has just ended. Waits case, a felony DUI, has been pending much longer. However, he has elected not to have a trial and will be entering a plea deal with prosecuting attorneys.

In Forsyth County, DUI and drug possession charges are taken very seriously and Forsyth County prosecuting attorneys and judges are hard on those charged with those crimes. While a first DUI offense in which there is not a serious accident or young children in the vehicle is typically a misdemeanor charge, a Forsyth DUI plea offer typically includes several days in jail, fines, community service, one or more years of probation, MADD impact panel, DUI school, a drug and alcohol evaluation and counseling and treatment. A possession of cocaine charge in Forsyth County would be considered a felony, even if it was only a trace amount of cocaine. This charge would be handled in the Fulton County Superior Court and be prosecuted by the District Attorneys Office of Forsyth County.

If you or a loved one is facing a Forsyth County DUI, contact Cumming, GA DUI lawyer Richard Lawson. Mr. Lawson and his team of lawyers have years of experience getting their clients the best possible outcomes. They are also skilled attorneys in handling the defense of drug possession - such as marijuana and cocaine - cases in Cumming area courts. Call their Forsyth County law office today for a free case analysis.

Ignition Interlock

Richard Lawson — Mon, 23 May 2011 05:36:00 GMT

If you are a repeat driving under the influence offender or habitual violater, one of the terms of your probation may be the installation of an ignition interlock device. Though it can vary, typically in situations when an ignition interlock is court ordered, it is ordered for a six month period following a one year hard suspension of one's Georgia driving privileges. Forsyth County prosecuting attorneys and judges will make it a condition of probation that in order for you to get a license again, you MUST complete the 5 months with the device.

The ignition interlock is a device that the driver of the vehicle must blow into for the car to start. If alcohol is detected on the potential drivers breath, the vehicle will not start. An issue that sometimes comes up is what to do if someone on probation in Forsyth County, or elsewhere in Georgia, then moves out of state. The ignition interlock is Georgia specific and you cannot have one installed if living outside of Georgia in most instances. You will have to apply for a waiver of the interlock condition. Experienced Forsyth County DUI attorney Richard Lawson can tell you more about probation, ignition interlock devices, and waiver of the condition. Call him today for a free analysis of your legal issue.

Flying under the influence?

Richard Lawson — Tue, 17 May 2011 21:59:00 GMT

Recently, a pilot working for a major airline was removed from his shift when others noticed an odor of alcohol on his breath. He submitted to a breathalyzer and was found to be at the .05 blood alcohol level. While it takes a .08 on a breath test to constitute an unlawful blood alcohol in Forsyth County for driving under the influence, those with commercial drivers licenses are subject to a .04 standard when they are operating their commercial vehicles. Accordingly, a .05 is considered too high for a pilot to be flying.

On the other hand, breath tests are often unreliable. Operator error, as well as machine maintenance error, can lead to incorrect results. In addition, certain factors like mouth alcohol, mints or mouth wash, temperature, and radio frequencies can affect the validity of a roadside breath test. While prosecuting attorneys in Forsyth County and other jurisdiction can blindly rely on a breath test, a thorough DUI attorney knows that there are many avenues of attack on such tests.

If you are facing a Forsyth County DUI and feel that the breathalyzer was incorrect, call DUI lawyer Richard Lawson to discuss the details of your arrest. Mr. Lawson has has great success in getting breath tests and field sobriety tests excluded and cases reduced to less serious offenses. Mr. Lawson has helped thousands of clients get the best possible outcome in their DUI case.

Probation Violations in Cumming / Forsyth County

Richard Lawson — Wed, 27 Apr 2011 03:28:00 GMT

In Forsyth County Georgia, Cumming probation officers seek violations of their probationers all the time. There are several reasons for this. But first, let's talk about what probation means. Probation is usually good news to people. When someone is convicted of a crime, they face jail or prison time. Sometimes all or part of the jail or prison sentence can be served on probation. If the probation is violated and revoked, the time must be spent incarcerated instead of on probation.

Probation violations can occur for technical reasons. This can be failure to report, being behind on the fines, failing to take required classes like DUI school or getting a drug or alcohol evaluation, and not completing community service, etc. Probationers who violated for these reasons typically face shorter revocation sentences and can sometimes be reinstated on their probation. A more serious probation violation occurs when someone serving on probation faces new charges. If you get a new arrest, it is very difficult to make bond as your probation officer will put a hold on you. You typically must sit in jail until the new charges are resolved. Then you face a probation revocation. Your entire probated sentence can be revoked to jail or prison time. This means that if you had 3 years remaining on probation at the time of your new offense, you could be revoked to prison for those 3 years. If you were on first offender probation, it is even worse as you face adjudication on the first offender charges and complete resentencing on those offenses that can make your underlying sentence even longer.

An experienced lawyer can help significantly in probation revocation hearings. Call Cumming / Forsyth County attorney Richard Lawson for a consultation.

Sleepy Driving Mistaken for DUI in Forsyth County

Richard Lawson — Thu, 07 Apr 2011 02:42:00 GMT

More and more evidence comes up concerning the importance of sleep and how sleep deprivation can impact driving a vehicle. Based on several studies taken from well-known publications, sleep deprivation is known to have the same dangerous effect as driving under the influence of drugs or alcohol. According to a 2000 study published in the British Scientific Journal, researchers found that people who drove after being awake for nearly 20 hours performed worse than drivers who had been drinking.

It has been found that drivers getting less than 6 hours of sleep nightly can have affected coordination, reaction time and judgment. So when a Forsyth County law enforcement officer pulls a driver over and observes red eyes and slurred speech, they might suspect the driver is drunk when in fact, the driver is just sleep deprived. Then the Forsyth Co. police officer may ask the driver to submit to field sobriety testing. These are tests of attention and coordination. Sleep deprivation can make the driver fail these field sobriety tests in the eyes of the administering officer. Especially if the driver refuses the breath or blood test, the DUI prosecution will be based on the drivers performance on the field tests as well as the officers observations of the driver. With the aggressive tendency in which prosecutors seek DUI convictions, a Forsyth County prosecuting attorney may view this is as a clear cut case of drunk driving, when it is a mere matter of being tired.

If you are facing a Forsyth County DUI, call DUI attorney Richard Lawson today for a free case consultation.

Cumming GA Roadside Breath Testing

Richard Lawson — Mon, 28 Mar 2011 02:04:00 GMT

Every night in Cumming, police officers pull over drivers for traffic infractions. Based on factors such as a persons appearance, slurred speech, and the the possible odor of alcohol, the officer may feel that the person is potentially driving under the influence - DUI.

Typically, the Cumming police officer will first administer some field sobriety tests. Then the officer will often want to give roadside breath test. The Cumming officer will ask the driver to breath into a device that will detect the presence of alcohol on their breath. Police officers often rely on these tests in an determining whether to make a DUI arrest. However, the accuracy of the roadside breath test is questionable. The testing device often picks up radio frequencies that distort the reading it displays. The device is also affected by temperature. If the driver has been chewing gum or eating certain kinds of breath mints or using mouth wash, the device can give an unreliable result.

If you have been arrested and charged with DUI in Cumming, GA, call Forsyth County DUI lawyer Richard Lawson for a free consultation of your DUI case. Mr. Lawson challenges and wins Forsyth County DUI cases on a regular basis. An arrest for DUI does not have to be a conviction.

Field Sobriety Testing in a Forsyth Co. DUI

Richard Lawson — Mon, 28 Mar 2011 01:43:00 GMT

If a Forsyth County police officer suspects a driver of DUI, they will typically ask the driver to submit to field sobriety tests. There are only 3 field sobriety tests that are validated and in which Forsyth County officers receive training. These tests are the horizontal gaze nystagmus (HGN) test, the walk and turn test, and the one leg stand test.

During the HGN test, the officer will check the drivers eyes for involuntary jerking motions. The walk and turn requires the driver to take 9 steps along a real or imaginary line, to turn around, and to take nine steps back along the line. The one leg stand requires the driver stand on one leg for 30 seconds.

The HGN is the most scientific and reliable of the tests, but all the tests require the appropriate administration by the officers. They also require the the officers observations of indicators of intoxication and the officers observations are inherently subjective.

If you have been arrested for a DUI, call Forsyth County DUI attorney Richard S. Lawson for a free case consultation. DUI cases can be fought and won. Mr. Lawson has completed field sobriety test instructor training and is familiar with the proper administration of such tests. In many cases, he can impeach the credibility of the officers when they improperly conduct such testing.

Child endangerment DUI counts in Forsyth County, GA

Richard Lawson — Sat, 19 Mar 2011 20:16:00 GMT

A standard first DUI offense carries tough penalties including up to one year in jail or probation, drivers license suspension, hefty fines and court costs as well as DUI school, alcohol and drug assessments and counseling and community service. For subsequent DUI offenses in Cumming or greater Forsyth, the penalties get more severe.

If you are pulled over and charged with DUI and there is a minor child in the vehicle with you, you will be charged with the second offense of DUI child endangerment. The charges of DUI and DUI child endangerment seem like they should merge into one charge, but they are mutually exclusive. This means that for one incident, you are charged with the equivalent of two DUIs and that will be considered in your sentencing if convicted.

For example, if you are charged with DUI and you had two children under 14 in the car, you are facing the equivalent of what would be your third DUI conviction. Penalties can be quite serious with prolonged jail time and possible felony treatment.

If you find yourself facing DUI child endangerment charges, call Forsyth County lawyer Richard Lawson as soon as possible following your arrest to discuss your case.