Bert W. Cohen Attorney at Law

Atlanta Lawyer, Metro Area, All Georgia, Criminal & DUI


DUI and Driving Offenses

Our office has successfully resolved, to the satisfaction of our clients, hundreds of cases involving driving under the influence of drugs or alcohol. This is a particularly complex area of the law. It is especially important to be represented by experienced counsel because of the severe punishments involved. Upon conviction of a driving under the influence charge, punishments include mandatory minimum jail sentences and license suspensions, even on a first offense in Georgia. A successful defense resulting in a jury verdict of not guilty, dismissal, or substantial reduction of charges, can frequently turn on whether the arresting officer followed technical procedures. This includes the way the driver's car was stopped, the manner in which the officer conducted field sobriety evaluations, the way the officer instructed the driver concerning breath, blood, or urine collection and testing, and the procedure followed in administering the test. Additionally, it is imperative to seek counsel as soon as possible. This is because in most cases today in Georgia, you have only ten business days to file a written request to stop the automatic suspension (for up to one year) of your drivers license or right to drive in Georgia.
You have the absolute right to a jury trial and Mr. Cohen has the knowledge and experience to aggressively try your case. However you should also understand that most people, in most cases, no matter who the judge is, no matter who the lawyer is, resolve their cases prior to trial. There are many reasons for this. For example, cases are frequently resolved following a court hearing concerning the issues mentioned above. Additionally, in Georgia, depending on the police department or specialized squad involved, a videotape was made of the incident. Lawyers, judges, and juries carefully consider what they see on tape. Video is usually more credible and informative than the testimony of witnesses, including police officers. Experienced lawyers know that jurors will believe more what they see for themselves on tape than the usually exaggerated testimony of a police officer (or the driver for that matter). With this in mind, it is not at all unusual for a DUI case to be resolved without a trial, in the driver's favor, either by reduced charges or by dismissal, based on the videotape. Thus, we will always make sure that you have the opportunity to view, and analyze with Mr. Cohen, the video of your arrest prior to deciding how best to resolve your case.
The Law Offices of Bert W. Cohen
321 Lawrence Street
Marietta, GA 30060
In Metro Atlanta: (770)574-4030
Toll Free: (877)424-8048
Additionally, should you decide to go to trial, the State will usually rely on police testimony concerning so called "standardized field sobriety testing (also called "evaluations")," in an effort to convince the jury that because the driver "failed" such testing, the defendant had to be a less safe driver and should be found guilty. However, a good defense lawyer will demonstrate to the jury that these tests are usually incorrectly administered by the police. Additionally, even if these "evaluations" were correctly administered in a particular case, they have never been peer reviewed, they have never been accepted by the scientific community, and they should not even be considered by the jury deciding the case. Mr. Cohen has been trained by Georgia POST certified police instructors on the proper administration of these so called tests as well as the lack of scientific basis for these tests. As a result of this training, Mr. Cohen is able to point out to the jury the weaknesses of field sobriety testing.

Call the Law Offices of Bert W. Cohen for a no cost, no obligation consultation. Call the Law Offices of Bert W. Cohen for a no cost, no obligation consultation.








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