December 2018, Underage Speeding Ticket
Our 16 year old client was charged with speeding 79 in a 35 miles per hour zone, reckless driving, and 2 other traffic citations in Forsyth County Juvenile Court. This was the first time our young client had ever been in trouble. He and his parents were very concerned, especially with how this would affect his record and future college goals. Our client was a very involved high school student that excelled academically and in athletics. He could not afford to have any charges tarnish his record, especially when it was his first time. The prosecutor wanted house arrest or time in a juvenile detention center as well as a strict license suspension for 1 year. This was absolutely not an option for our client and his family. With our advice, he appeared in court before the judge for a non negotiated plea. Because our client had heeded our advice and completed extensive conditions, including defensive driving, teen driving course, and community service, we successfully argued for the court to impose a plea that allowed our client to keep his license and to have the charges dismissed and restricted from his record. In all juvenile cases, the parents involvement and support is important. If it were not for my clients parents involvement in his life and this case, the court would have struggled more accepting our plea offer.
Fulton County State Court. After multiple court appearances demanding a jury trial, the Court heard our Motion to Suppress evidence and a Motion to Dismiss based upon a violation of our clients right to a speedy trial. Although the state had a valid breathe sample, the court agreed with our argument that because they took so long (approximately 3 years) to schedule our case on a trial calendar, our clients Constitutional Right to a trial was violated and the Court dismissed the case entirely.
Cobb County Superior Court. Our client was facing a 1st degree Burglary Charge. Our client was facing up to 10 years in prison. After pleading under First Offender, and many long months of successful negotiations with the district attorney, we closed the case with 2 years of the sentence suspended, and the 8-year balance on probation. Not only did we avoid jail time in this case, but the 8-year probationary is eligible for termination upon completion of the state requited conditions.
December 2018, Felony Case Resolved
Our client violated his bond by receiving new felony charges in Gwinnett Superior Court. He was indicted on three counts of felony possession in their initial case, and was about to be indicted on the charges of Terroristic Threats, False Imprisonment, and Battery – Family Violence. Far before the second case could be indicted, we started negotiations with the district attorney. Not only was our client able to walk away with no additional jail time and be home before Christmas, we were also able to successfully negotiate the dismissal of four (4) of the counts. In addition, the Court allowed him to plead under First Offender to the remaining two (2) counts, which, after he has properly served his time on probation, will allow all charges to be effectively dismissed and restricted from his record.
Alpharetta Municipal Court. Our client was charged with Racing, Super Speeding, Reckless Driving, and driving with an Expired Tag. All of these charges carry repercussions of jail times at the judge’s discretion, fines exceeding $2000.00, plus license suspension. The judge agreed to reduce the Racing Charge to Too Fast for Conditions, dismiss the other two charges, dissolve any jail time, as well as not suspending their license. To top it all off, once our client completes all the conditions required by the judge within the 12-month probationary period, all charges will be dismissed and their arrest will be restricted.
Our client was injured when an individual hit his vehicle and then ran away on foot. We successfully handled his property damage claim and then proceeded to pursue a claim on the bodily injury. Although his medical bills were less than $5,000, we demanded the insurance company pay the entire policy limits since this was a hit and run and our client would be afforded the right to punitive damages. At first, the insurance company refused but our diligent research, knowledge and investigation into their insured and her driving history (including prior DUI’s and accidents) encouraged them to pay the full policy limits of $25,000.00.
Suwanee Municipal Court. Our client had received three speeding ticket in a 2-year time frame and had accumulated quite a plethora of points on their driving record. This ticket in particular was a 4-point offense, which can be detrimental to a young driver’s insurance costs. We are always proactive in our clients completing conditions usually required by the state prior to an appearance in court, as judges and prosecutors tend to favor the proactivity. This case was a perfect example. After we presented our clients community service and defensive driving class, the prosecutor agreed to not report the citation to the state, and no points would be added to our client’s license.