If negotiations do not succeed in Conyers Municipal Court, a jury trial is often the best option to avoid a DUI conviction on your Conyers DUI or traffic ticket case. Because Conyers Municipal Court does not conduct jury trials, your Conyers Driving Under the Influence charges would need to be transferred to the State Court of Rockdale County. Once you demand a jury trial, Conyers Municipal Court loses jurisdiction over your case, and it is automatically assigned to the Rockdale County court system for prosecuting your case, which is located in the Rockdale County Courthouse. Sometimes, preserving your right to a jury trial is the best option if the prosecutor in Conyers Municipal Court refuses to negotiate an acceptable resolution in your case. Just because you demand a jury trial does not mean you are forced into having a jury trial; it is simply a procedural mechanism preserving your right to have a jury trial if you need to have one to avoid a DUI conviction in Conyers. Before demanding a jury trial, we ensure our investigation is complete, including getting videos, toxicology results, and police reports. 

My DUI charge is in Rockdale County State Court; what is the court process?

If your case is bound for a jury trial from Conyers Municipal Court or begins in Rockdale County State Court, the Rockdale County District Attorney’s Office is responsible for prosecuting your City of Conyers or Rockdale County DUI. The District Attorney’s Office will open a file and investigate the DUI charges before filing an accusation or indictment in court. Once an accusation or indictment is filed and assigned to a judge, the Rockdale County Clerk of Court will place your case on an arraignment calendar, which may be followed by a motion hearing date, a calendar call date, and a trial date. Our Conyers DUI lawyers know how your case progresses in the Rockdale court system. Mr. Sullivan was the lead Assistant District Attorney (prosecutor) in Rockdale County State Court before he went into private practice in 2006.

The elected District Attorney of Rockdale County is Alisha Adams Johnson. Currently, there are two elected State Court judge positions. Other judges may fill in occasionally, but that is a rare occurrence in Rockdale County. Suppose your Conyers or Rockdale driving under the influence charge begins in Rockdale County State Court or is transferred to Rockdale State Court from Conyers Municipal Court. In that case, your case will eventually be assigned to one of the two state court judges. There was a vacancy when former Chief Judge Clarence Cuthbert resigned to run for an open seat in Rockdale Superior Court. Chief Judge Richard Read presides in one of the state court courtrooms.  Governor Brian Kemp recently appointed Vasco “Terry” McRae to fill the other state court judge position vacated by Judge Cuthpert. Your state court judge will preside over your case unless there is a felony charge associated with your case. State Court Judge Richard Read was the long-time District Attorney of Rockdale County before retiring and then worked as an assistant district attorney for Rockdale County. Governor Kemp appointed Jude Read to Rockdale County State Court in 2022. If you have a felony charge, your case will be randomly assigned to Chief Superior Court Judge Robert Mumford or Judge Nancy Bills.  Judge Mumford will retire at the end of 2024, and Judge Maureen Wood will take his place. The majority of DUI cases that our Conyers DUI lawyers send over for jury trial are treated as misdemeanors (like any traffic offense) and will be prosecuted in Rockdale County State Court. 

Sometimes, the facts of a particular DUI may be best suited for a “bench trial” in state court (a trial where the judge decides the case instead of a jury). A bench trial can be a sound strategy, but sometimes it is not. When a bench trial is not a viable option, then a jury trial is the best option to avoid a DUI conviction in your Conyers DUI case, especially if the prosecution refuses to negotiate an acceptable resolution in your case.

When our Conyers DUI lawyers prepare your case, we decide on whether to have a bench trial or a jury trial once we have a complete investigation into the facts of your Conyers DUI case. Additional factors may come into play once we know which judge will preside over your case when deciding whether to have a bench or jury trial. When evaluating your case, our Conyers DUI lawyers investigate the facts of your DUI arrest as if your case is going to trial. Once an investigation is complete, our experienced Conyers DUI lawyers review your case to develop a comprehensive plan for proceeding with the best possible defense. We are well known as experienced DUI trial lawyers and are prepared to go to trial if that is what it takes to avoid a conviction in your Conyers DUI.

How our skilled Conyers DUI lawyers build a successful defense in your Conyers DUI case:

Our DUI attorneys know how to challenge a Conyers DUI case. Mr. Sullivan is trained in Standardized Field Sobriety evaluations and has also received training on the operation and limitations of the Intoxilyzer 9000. We currently own Intoxilyzer 5000 breath-testing devices. Mr. Sullivan was certified in Standardized Field Sobriety evaluations by members of the Conyers Police Department and Rockdale County Sheriff’s Office. One of the benefits of investigating a City of Conyers DUI arrest is that most of the Conyers Police Department patrol vehicles are equipped with video and audio. Their video equipment has features similar to those of a DVR or TVO, which many people have at home for their TVs. Their video equipment continuously records but will not preserve anything until the officer manually activates the recording or activates their emergency equipment (lights). Then, the video will be preserved between 30 and 60 seconds before activation, and typically, Conyers DUI officers will run their video until their investigation is complete. Some will run their videos until they reach the jail. Videos can be obtained through the court process.

To build a strong DUI defense in Georgia, our Conyers DUI lawyers will start by meeting with you about your Conyers DUI charges and learning as much as possible from you about what happened. Using this core information, we look for more evidence to help our defense by using specialized resources to determine if your arrest’s testing and other details were accurate and legal. We gather information, videos, 911 calls, possible surveillance videos, police reports, road/scene conditions documents, and more. There are also times when we use the services of toxicologists, accident reconstructionists, private investigators, breath test/field sobriety experts, medical professionals, and video illustrators, to name a few, to help build a solid defense in your Conyers DUI case. Our Conyers DUI lawyers then analyze your case, starting with whether the initial stop or reason why the police were involved was legal. We also look for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine). Our DUI attorneys develop strategies to conduct the best license suspension hearings, preliminary/committal hearings, motion hearings, and trials. This approach is an effective way to ensure we are prepared to defend your Conyers DUI. 

Can I enter a guilty plea and avoid hiring a Conyers DUI defense lawyer?

There is a saying that “a person who represents himself has a fool for a client.” DUI cases are one of the most severe cases prosecuted in Conyers Municipal Court or Rockdale County State Court. It is not a good idea to represent yourself and enter a guilty plea to DUI. Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Conyers DUI lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring us rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea by yourself, especially if there are DUI Child Endangerment charges in addition to the DUI charge. If you have been arrested by a City of Conyers DUI officer (or any Georgia police officer), you should have been notified of a license suspension action. Enter a guilty plea without adequately addressing the license suspension action. You will not be able to get a limited permit (if you are eligible to get one at all) until and unless the suspension action is conducted correctly.
• If your license is administratively suspended for refusing the Conyers DUI officer’s chemical test from losing a license suspension hearing or failing to address a license suspension action within 30 days from the date of your arrest, your Georgia driver’s license or driving privileges will be suspended for one year with NO PERMIT. Properly coordinating and handling the Conyers DUI charges and the license suspension action can improve your chances of being able to drive.
• Other charges besides your Conyers DUI charge may be more severe and carry more punishment than the DUI charge itself, like Vehicular Homicide, Fleeing and Attempting to Elude, Hit and Run, or felony drug charges.
• Sometimes, the prosecutor gives a bad plea offer. Even if you decide not to contest your case, an experienced Conyers DUI attorney who is familiar with Conyers Municipal Court, as well as Rockdale County State Court or Superior Court, can assess a plea offer to determine if it is worth taking or moving your case to state court, or you may decide to take your case to trial.
• If you decide to represent yourself at trial, the Georgia Rules of Evidence still apply. Lawyers go to law school for years to learn these rules, and you will be at the mercy of a skilled prosecutor and judge if you are not careful.
• If your officer obtained a blood search warrant, you will not know how to argue the suppression of blood test evidence in your case.
• A nolo contendere plea will not save a license suspension and still counts as a conviction – the same as a guilty plea or guilty verdict after trial. 

Administrative License Suspension

IMPORTANT INFORMATION CONCERNING YOUR DRIVER’S LICENSE WHILE YOUR CONYERS DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your DUI criminal case pending in Conyers Municipal Court or Rockdale County State Court, you are likely facing a license suspension action. There is only a limited time to request this separate hearing with the Office of State Administrative Hearings to keep your driving privileges. Whether you refused your Conyers DUI officer’s request for a chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Conyers DUI officer to serve you notice of an administrative license suspension. The form that is used is called a DDS-1205 form. This form is either yellow or white; the officer may have had you sign it. Sometimes, this paperwork gets lost (you may have received it, but it may have been misplaced, or it may have been lost at the jail).

• Our Conyers DUI lawyers strongly suggest that you set up an online account with the Georgia Department of Driver Services to monitor the status of your driver’s license.

Regardless of whether you have received a DDS-1205 form, you must understand that you only have 30 days to request a hearing to preserve your driving privileges or waive your hearing through the Georgia Department of Driver Services by opting for an ignition interlock device permit. 

Three tracks you can take [beware of choosing without the advice of an experienced Conyers DUI lawyer]:

1. Do nothing within 30 days of the date of your Conyers DUI arrest:

   In most cases, our Conyers DUI lawyers do not recommend that you do nothing within 30 days of the date of your Conyers DUI arrest. If you do nothing and your Conyers DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your Conyers DUI arrest, your driving privileges will automatically be suspended by the Georgia Department of Driver Services for one year with no permit to drive. Even if you did not receive the DDS-1205 form, our Conyers DUI lawyers still recommend that you take action instead of doing nothing. However, there are limited circumstances where we recommend our clients do nothing regarding a license suspension action, but those circumstances are rare.

2. Request an administrative hearing:

   This is the traditional track that has been the law for many years now, except now there are thirty days instead of ten business days to take action. This track is where a request for an administrative hearing is submitted to the Georgia Department of Driver Services challenging the Conyers DUI officer’s decision to administratively suspend your driver’s license for testing above Georgia’s “per se” legal limit for alcohol concentration or for refusing the Conyers DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances.

3. Properly waive your right to an administrative hearing and have an ignition interlock installed:

   This track came into effect July 1, 2017. This allows you to properly waive your right to an administrative hearing and have an ignition interlock device installed. This is available for the first DUI arrest in five years for Georgia licensed drivers to be able to drive in the state of Georgia and fight their Conyers DUI criminal case without losing the privilege to drive. It comes with a cost, of course. It involves waiving your right to an administrative hearing through the Georgia Department of Driver Services. You would need to install an approved ignition interlock device on your vehicle by a certified ignition interlock provider for a minimum of 120 days if you tested over the “per se” legal limit or one solid year of having the ignition interlock device installed in your vehicle (and driving under the confines of an ignition interlock permit) if you refused the officer’s request for a state-administered chemical test. If you choose this track, we highly advise installing the ignition interlock first and then going to DDS within 30 days from the date of arrest to obtain the permit. There are obvious concerns and pitfalls in choosing this track. For many, the stigma of having the ignition interlock device installed in their vehicle is not worth it. The ignition interlock device is also expensive, requiring installation and monthly monitoring fees. And if you remove it while under your ignition interlock permit, tamper with it, or it tests positive, your permit to drive may be revoked for six months – meaning no driving at all. In addition to waiving your right to an administrative hearing and having an ignition interlock device installed on your vehicle, you must also meet the following conditions:

• An Application for the permit must be made with DDS within 30 days of the person being served notice of the ALS by the Conyers DUI arresting officer through the DDS-1205 form (usually 30 days from the date of arrest), or—in the event of a DDS-1205S form—within 30 days of receiving such notice of the ALS from DDS (from a blood test result that was not procured by a search warrant);
• The ALS cannot stem from a motor vehicle accident involving fatalities or serious injuries;
• A driver must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against their Georgia driver’s license;
• If the person holds a Georgia commercial driver’s license (CDL), they must downgrade to a non-commercial Georgia driver’s license to obtain and maintain the permit;
• A driver cannot have any prior convictions for DUI in the 5 years preceding application for the permit. If there is a DUI arrest with a DUI conviction within 5 years of the current Conyers DUI arrest, the person can still opt for track 2 – requesting an administrative hearing, or track 1 – do nothing at all;
• The person must surrender their Georgia driver’s license, either to the arresting officer at the time of the Conyers DUI arrest or to DDS before issuance of the permit; and,
• There is a $25.00 permit fee to the Georgia Department of Driver Services. 

The period a person must successfully maintain the ignition interlock device on their vehicle will be based on whether they consent to or refuse the state-administered chemical test requested by the Conyers DUI arresting officer. 

A person who consents to the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 4 months. If they are subsequently acquitted of the underlying Conyers DUI charge or the underlying Conyers DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost, and the driver’s license may be replaced. A person who refuses the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 12 months, regardless of the outcome of the underlying Conyers DUI charge.

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS by producing satisfactory monthly monitoring reports before DDS removes the ignition interlock restriction from the permit. A permit may be renewed for a fee of $5.00 if additional time is needed for the permit holder to comply with the terms of the ignition interlock device. Still, it may only be renewed one time once the permit holder becomes eligible to reinstate their driver’s license. Following the designated term of successful compliance, the ignition interlock device restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means). The removal fee is in addition to any reinstatement fee that may be required.

Please contact us today at 404.816.8777 to discuss your DUI case with our dedicated Conyers DUI lawyers. Our Conyers DUI defense lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for your Conyers DUI charges and license suspension action.

So, I correctly requested a license suspension hearing in my Conyers DUI case; what happens next?

The license suspension action is a civil action separate from your Conyers DUI criminal case and only deals with your license or privilege to drive in this state. The administrative license suspension action is litigated by a separate court from your Conyers DUI criminal case. Once the Georgia Department of Driver Services processes your request for a hearing, your case is sent to the Georgia Office of State Administrative Hearings (OSAH), where a hearing will be scheduled in front of a judge from that agency. A hearing date is typically set roughly 60 days from your Conyers DUI arrest date. Once a hearing is requested, the Department of Driver Services will extend your driving privileges until an order is entered from an OSAH judge.

The scope of the hearing is minimal:

At a hearing, the OSAH judge has a minimal role in deciding your case. The judge is bound by law to only look at certain statutory factors to determine whether those factors were met based on the evidence presented at the hearing. That is it. The judge does not look at your criminal or driver’s history. The judge is not concerned about your job, transportation issues with your children’s school or daycare, or any other hardship you may have if your license is suspended. The judge’s only role in a license suspension hearing is to determine if the following factors were met:

• Whether the Conyers DUI law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391 (the DUI statute); or
• Was the person involved in a motor vehicle accident or collision resulting in serious injury or fatality and
• Whether at the time of the request for the test or tests the Conyers DUI officer informed the person of the person’s Implied Consent rights and the consequences of submitting or refusing to submit to such test; and
• Did the person refuse the test; or whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
• Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all of its electronic and operating components prescribed by its manufacturer correctly attached and in good working order, which shall be required. A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

How is the OSAH hearing conducted?

Like other court proceedings, the judge will enforce the Georgia Rules of Evidence at the OSAH hearing. Because the burden is on the Conyers DUI officer to establish that the statutory factors were met, the officer testifies first. Some jurisdictions allow the officer to get help from the prosecutor’s office, or if the officer is a Georgia State Trooper, an attorney paid by the State of Georgia assists the officer in direct examination. The officer is then subject to cross-examination. Sometimes, our Conyers DUI lawyers may place our clients or witnesses on the stand for direct examination. Our witnesses would then be subject to cross-examination from the other side. Once the testimony and presentation of the evidence are finished, each side can make a closing argument. The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. The decision is also posted online. If there is an error in how the judge ruled, an appellate process is available to review the court’s decision.

What happens if I win the hearing?

Suppose the judge finds that one or more of the applicable statutory factors above must still be met. In that case, the judge will issue an order reversing the suspension action and transmit it to the Georgia Department of Driver Services. Then, the Georgia DDS will delete the license suspension action from your driver’s history (no administrative license suspension). This does not mean that the Conyers DUI charges are being dismissed, but an OSAH hearing can be an excellent tool for a Conyers DUI lawyer to gain an advantage in your Conyers DUI criminal case.

What happens if I lose my hearing?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence (a lower standard of proof than beyond a reasonable doubt). In that case, the judge will issue an order affirming the license suspension action and transmit the order to the Georgia Department of Driver Services, which will then impose the license suspension. Again, your license may be suspended because the burden on the Conyers DUI officer is too low to meet in these license suspension hearings. However, we still may be able to gain an advantage in the Conyers DUI criminal case based on testimony from the license suspension hearing. The decision can be appealed if the judge commits a ruling error. Also, if your Conyers DUI charge is reduced or dismissed, or you are found not guilty, the suspension is lifted and deleted from your driver’s history as a matter of law.

Can I handle the license suspension hearing myself in my Conyers DUI case?

Because a license suspension hearing from a Georgia DUI arrest is a complex subject that even many lawyers don’t understand, our Conyers DUI lawyers strongly encourage you to contact us immediately to discuss your City of Conyers DUI case. It is a bad idea to represent yourself at an administrative hearing. Too many variables can impact your driving privileges, which are to be discussed here without knowing the specific facts of your case and your prior criminal history. Remember, you only have 30 days to request a license suspension hearing through the Georgia Department of Driver Services.

Warning to drivers: