Our office has
successfully resolved 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 may include mandatory minimum jail
sentences and license suspensions, even for 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 video recording 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")," and try 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 skilled defense lawyer will demonstrate to the jury that these tests
are usually incorrectly administered by the police. Among other methods, the police training manual on the subject, the NHTSA DUI Detection and Standardized Field Sobriety Testing Manual, can be used at trial to demonstrate to the jury or judge that the
police officer wrongly evaluated or "scored" the driver and should therefore not be believed.
Further, research has shown that 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. Field Sobriety Tests should not even be considered by a jury in deciding a case. Mr. Cohen has been trained by Georgia POST certified police instructors on the administration of these so called tests as well as the lack of
scientific basis for these tests. Additionally, Mr. Cohen is a member of the National College of DUI Defense and actively
pursues continuing legal education in this field. As a result of this training, Mr. Cohen is able to point out to the jury
the weaknesses of field sobriety testing and other elements of the State's case that can be successfully attacked. Call the Law Offices of Bert W. Cohen for a no cost, no obligation consultation on your case.
