In the Canton or greater Cherokee County area, if you are charged with a traffic offense or the offense of drinking and driving ( DUI ), you will go to arraignment in the state Court of Cherokee County in downtown Canton or to a municipal court.  However, if you are under the age of 17, a juvenil...

In the city of Canton, including the state and superior courts,  probation violations are one of two types.  Your probation officer can give you a technical probation violation for not paying or being behind in paying your fines and fees, not promptly completing community service or drug and alco...

Cherokee County officers pull over motorists every night for a variety of traffic offenses.  During some of these stops, the driver will do something to make the officer suspect them of DUI (at least, that is what the the officer will say).  The Cherokee County police officer will want to adminis...

Cherokee County officers love to charge people with drunk driving.  After talking with the driver, the Cherokee County officers like to say that the driver had slurred speech, red or glassy eyes, or that they smelled the odor of alcohol on his or her person.  They will then usually ask the driver...

In Cherokee County, police officers make numerous DUI arrests. A large number of those Cherokee County arrests are of drivers who are under the legal drinking age of 21. The penalties for a DUI are harsh - jail time, hefty fines, community service, probation, and the consequences for a young pers...

Every year, Canton area law enforcement officers charges thousands of people with driving under the influence of drugs or alcohol. Mandy of those accused plead guilty to the DUI charges, despite the harsh penalties of a DUI and the effect they my have on the citizens career, education, and drivin...

A DUI charge can be frustrating and stressful. Not only is there a criminal court prosecution, but there is also an administrative license suspension that needs to be dealt with in order to keep your license. If you are facing a Cherokee County DUI charge, it is important to discuss the case with...

If you find yourself arrested for DUI by a Canton or Cherokee County police officer, the ticket you received from the officer charges you with DUI. This arrest stays on your Georgia diving record. However, people are innocent until proven guilty. A  DUI charge alone never means a conviction! Can...

DUI cases in and around the Woodstock, GA area typically begin when a driver is pulled over by a Woodstock or Cherokee Co. police officer for a burnt out headlight or some other type of traffic offense. A DUI arrest can also begin when a person is stopped by officers at a DUI road block. After t...

Anyone who has driven recently in Holly Springs (or anywhere in Cherokee County for that matter) late at night has likely seen police officers stopping drivers right and left for DUI. Every weekend drivers can be seen submitting to  field sobriety tests and numerous DUI arrests are made. Unfortu...

Cherokee County police officers are making an increasing number of DUI arrests. DUI convictions have serious consequences. Cherokee County DUI lawyer Richard Lawson specializes in representing individuals faced with DUI charges Many Cherokee County lawyers who are general practitioners attempt t...

In a Canton DUI case, the defendant never enter a guilty plea to the DUI charges. In every case, ranging from running a stop sign to a habitual violator DUI, you are entitled to a trial by jury. In order to convict the accused on DUI charges, a Canton prosecutor has to prove his or her guilt beyo...

Being pulled over for DUI is overwhelming and unpleasant. If you are pulled over for DUI in Canton, the officer usually asks you a bunch of questions and requests you take field sobriety tests. The officer will then read you an implied consent notice (which is required by Georgia law for a valid...

In most instance, a first DUI offense is a misdemeanor offense. However, a first DUI offense can be a felony if there are minor children under age 14 in the vehicle. While a misdemeanor drunk driving offense has harsh penalties, a felony driving under the influence conviction will make the person...

An arraignment is the first step in the criminal prosecution of a DUI.  (Don't forget that there is a separate Department of Driver Services (DDS)  license suspension that must also be dealt with.)  At arraignment, the government attorney will often have a plea offer ready for you and will want y...

It's no surprise that a police officer typically writes aDUI police report in a way that supports his decision to arrest you. It should also come as no surprise, then, that many police reports contain exaggerated facts and false information about your DUI arrest. Obtaining the officer's in-car v...

The warmer weather means the patios at many local restaurants have opened up and the atmosphere at most places has officially been relaxed. That's great of course, but that means there will possibly be more drinking and driving.  The uncharacteristic warmth seems to have caught everyone off guard...

Georgia CDL truck drivers face the harshest of penalties if convicted of driving under the influence (DUI).  Not only are there higher fines and more jail time than an average citizen.  Also they could lose their CDL license which is their livelihood. Contact the Law Offices of Richard S Lawson i...

A Cherokee County school spokesman was pulled over and arrested for DUI while wearing the sheriff's pants.  The 40 year old man was arrested December 17 after someone called the police to report someone driving dangerously.  The incident report says the man was coming from the sheriff's house and...

A DUI, or driving under the influence, is a term used for drinking and driving arrests. If you drink and drive, Georgia law will penalize you. But everyone makes mistakes. One of the best defenses you have is to simply call a cab or ask for a designated driver. If you do make the mistake of driv...

Recent studies have concluded there is a trend of people being forced to submit to chemical testing of their blood or breath.  Judges are signing warrants to take the blood of DUI Suspects who refuse to take a breath test.  This is a violation of a person's 4th Amendment right against self-incrim...

There's a new law in Georgia that gives law enforcement a new reason to stop drivers.  An anti-texting law took effect in July 2010 and is now considered to be a primary traffic offense.  This gives officers reason to stop vehicles to investigate a possible texting offense.  This is just another ...

The Intoxilyzer 5000 is the device law enforcement uses in Georgia to detect alcohol in a suspected drunk drivers' breath. What most people do not know is that this device does not really measure alcohol. It actually uses infrared light beams which are absorbed by chemical compounds, including al...

The defendant was cited with twelve traffic offenses, including DUI.  Attorney Lawson's investigation of the case revealed the bulk of the charges to be fatally flawed.  Negotiations with the prosecutors office were begun and resulted in a plea arrangement for one charge of reckless driving. This...

Probably not since Miranda Rights apply only after you have been arrested.  Any statements that you have made that could be incriminating can be used against you in court.  But, any statements you make between the times you are handcuffed and read your Miranda Rights cannot be used against you.  ...