Driving home after partying at the Tongue and Groove in Buckhead, and you suddenly notice the flashing blue and red lights in your rearview mirror? Leaving a Hawks game or a concert in Philip’s Arena after a few drinks, and someone hits your car from behind? Headed home after hotdogs and beer in Piedmont Park and you get pulled over for running a red light? These bad events happen to everyone. But if you have been drinking, even just a little, then you could be charged with DUI. If this happens, you need an experienced DUI attorney who concentrates almost exclusively on defending DUI cases.
I am an experienced DUI attorney, devoting 100% of my practice to DUI and related charges. I know the Georgia court system well and practice regularly in both the Fairburn Municipal Court and the Fulton County State Court. I know many of the judges and prosecutors in both of these courts as well as the police officers and state troopers who are dedicated to the DUI task forces in Fairburn and Fulton County. Through my relationships and experience, I have been able to maneuver through these court systems and consistently negotiate favorable decisions for my clients. View my recent success stories here. When a trial is necessary, I vigorously and aggressively fight for a favorable jury decision.
I offer you a FREE consultation by phone or in person to discuss your DUI case. If you call my firm, you will speak with me directly. I will not hand you off to some junior attorney with whom you have never spoken. I will handle all aspects of your very important case personally. You deserve total representation from the experienced attorney with whom you consulted and hired, not from a junior associate.
I wish to highlight the seriousness of this DUI charge and importance of speaking with an attorney. Regardless of how hopeless you think your case may be, you owe it to yourself to discuss your case with an experienced lawyer. I am passionate about working hard to get a favorable result in every case I take on. Call my cell at 404-993-9172 now to set up an appointment at your convenience. You have nothing to lose by calling and potentially a lot to gain. I look forward to hearing from you and helping put your mind at some ease during this difficult time of yours.
Fairburn Municipal Court (from FMC website):
Fairburn Municipal Court Judge is – Judge Monica Ewing
- The Judge does not speak to anyone about court outside of the courtroom.
- Court Solicitor is – Rory Starkey.
Municipal Court Clerk Office Hours:
- Monday through Friday, 8am to 5pm.
- No payments accepted after 4pm.
- Phone: 770-683-4611
- Fax: 770-964-8984
- Email: Municipal Court Clerk Shannon Shayder and Assistant Municipal Court Clerk Libby Bazydlo
The Municipal Court is located at:
Fairburn, GA. 30213
The building is the unmarked brick building next to the Southside Theatre Guild. The parking lot entrance is on Washington Street. The sign to the parking lot is marked Municipal Court and parking is free. The building entrance is located in the alley way side entrance. The Court Clerk Office is to the left. Please proceed to the clerk’s window for assistance.
Your scheduled arraignment date and time will be listed at the bottom of the citation. At arraignments, the judge will only hear Guilty, Nolo Contendere Pleas and anyone wanting to do a Pre-trial with her. All Not Guilty Pleas will be reset to another court date.
If you plan to plead Not Guilty, you should call or visit the Court Clerk’s Office in advance to have your court date reset. If you are located out of state, your trail date can be reset via e-mail of fax.
Please be advised, you must fax or e-mail the signed copy of your reset notice to the court clerk.
Files without signed reset notices will remain on the Arraignment Calendar and defendants will be charged with Failure to appear if they miss the Arraignment Date. Please verify with the clerks after the reset notice is faxed or e-mailed to ensure receipt by the clerks.
Court Services will allow only one extension for Arraignment Dates. You must sign for an extension and you will be reset for a trial date.
At trial date, the Judge will hear all pleas:
- Not Guilty
- Nolo Contendere
The Solicitor and the Citing Officer will be present at trials.
If you wish to speak with the Solicitor, you may tell the Judge you would like a Pre-Trial. This will allow you the opportunity to speak with the Solicitor and the Officer before your case is heard before the Judge. Please be advised the Solicitor is the Prosecutor for the city.
A Public Defender will be available for consultation at all court dates. The Prosecutor is available to discuss your case and answer any questions during your scheduled court date and time.
We prefer community service to be completed through the City of Fairburn. Please contact Harvey Stokes ONLY if you plan on completing your community service through the City of Fairburn. It is YOUR responsibility to set up your hours. The office is open (and across the hall from the court services office) Monday-Friday, 8am to 5pm. He can be reached at 770-964-2244 ext. 401. You may also come in to set up your hours. The best time to do so would be Monday-Friday, 8:00-8:30 am.
If you do not live in the area and cannot complete community service during traditional business hours, you may complete your community service through any Georgia non-profit. This includes, but is not limited to: churches, Goodwill, animal rescues, Salvation Army, etc. Please communicate any issues or questions through the court services office. In order for our office to accept the community service hours, you must turn in an official letter from the organization with your name and the hours you completed with them. It MUST be on official letterhead and you must turn it in to the Court Clerk’s Office. Please do not contact Mr. Stokes if you are completing community service through a non-profit.
Failure To Appear:
If you miss your scheduled court date, a Failure to Appear will be issued by the Judge. A Failure to Appear Fee of $200.00 must be paid within two weeks of the missed court date or your license will be suspended and /or a Bench Warrant issued for your arrest.
Certain citations can be paid before court. Please see list below of qualifying citations and fine amounts. Acceptable payments are cash, check (with proof of ID) and credit card (Master Card or Visa) in person or money orders through the mail. Payments are accepted in person Monday through Friday, 8am to 4pm.
- Paying in Person: Qualifying citations can be paid up until Noon of your scheduled 2pm court time. For court times of 8am or 10am, the citations must be paid by close of business of the previous business day. Please sign the back of your ticket and submit with payment.
- Paying via Mail: Citations must be paid with Money Orders and made payable to the City of Fairburn. Please write your citation number on the bottom of the Money Order, sign the back of your citation and mail it with your payment.
- Paying on line: http://www.ticketfastpay.com/?cid=fairburn
- Citations not included on list below require a mandatory court appearance.
|Speeding||0-14 MPH||(0 Points)||$165.|
|Speeding||15-18 MPH||(2 Points)||$191.|
|Speeding||19-23 MPH||(3 Points)||$230.|
|Speeding||24-30 MPH||(4 Points)||$295.|
You must appear in COURT for a citation issued for speeding over 30 MPH and resulting in an accident.
|Noise Violation-From Vehicle||$165|
|3 Axle Violation||$165|
|Obedience to Traffic Control Device (Red Light, Yield Sign, Stop Sign, etc.)||$165|
|Driving on Wrong Side of the Road||$165|
|Passing in a No Passing Zone||$165|
|Roadway Laned for Traffic||$165|
|Improper Left Turn||$165|
|Turn Signal Required||$165|
|Too Fast for Conditions||$230|
|Impeding Flow of Traffic||$200|
|Brake Lights/Turn Signal||$165|
|Use of High Beams||$165|
|Improper Color/Lighting Equipment||$165|
|Seat Belt Violation (Adults)||$15|
|Seat Belt Violation (Child)||$25|
|Please be advised, when you choose to pay a citation before court, it is the same as pleading guilty. For certain driving offences, points will be issued on your license. Listed below is a chart listing offences and the points that are given if the defendant pays before court or comes to court and is found guilty:|
|Points are accumulated for:|
|Reckless Driving||4 points|
|Unlawful passing school bus||6 points|
|Improper passing on hill or curve||4 points|
|15 mph but less than 19 mph||2 points|
|19 mph but less than 24 mph||3 points|
|24 mph but less than 34 mph||4 points|
|34 mph or more||6 points|
|Disobedience of any traffic-control device or traffic officer||3 points|
|Possessing an open container of an alcoholic beverage while driving||2 points|
|Failure to adequately secure a load||2 points|
|All other moving violations||3 points|
|Child restraint – 1st offense||1 point|
|Child restraint – 2nd and subsequent offense||2 points|
(A conviction of aggressive driving by a person under 21 years
of age will result in a suspension of the driver’s license.)
|HOV lane violation – 4th and subsequent offense.||1 point|
More information can be found on the Georgia Department of Driver Services Website:www.dds.ga.gov
If your case was bound over to Fulton County, it is closed in the City of Fairburn. Please contact Fulton County.
Anyone under 21 years of age is required to appear in court. Because it takes fewer points to lose your license, a minor traffic violation could suspend your license.
Attention Attorneys: The solicitor will not be present at arraignments. If you would like to waive the arraignment, please fax in the waiver of arraignment, entry of appearance or any other paper work to (770) 964 8984. We do accept all paper work from attorneys via fax, on letterhead.
Fairburn Municipal Court
26 W. Campbellton Street
Fairburn, Ga. 30213
The Fairburn Municipal Court is a court of limited jurisdiction. Motions to suppress and jury trials cannot be heard here. Thus, if your case requires motions or a potential jury trial and cannot be settled in Municipal Court, then a good option and strategy is to bind it over (transfer) to Fulton County State Court, as Fulton County State Court has jurisdiction to hear motions and jury trials.
Fulton County Courthouse, 185 Central Ave SW, Atlanta, GA 30303
Once transferred to State Court your case could sit in the Solicitor’s Officer for several months before it gets formally accused. During this time, your case is in limbo, and you just must wait until it is accused. Once it is accused, the case get’s a case number and is assigned to one of the State Court judges and to one of the Solicitors who work in that particular courtroom.
Since each judge has his / her own particular way of handling his / her courtroom, it is important that your attorney know the nuances and procedures of each judge. Our attorneys regularly practice in front of these judges and are well aware of the operations. We are also familiar with all of the solicitors working in Fulton County State Court and have good, solid working relationships with them. From the Fulton County State Court website:
The State Court operates under the laws of the State of Georgia to try all criminal cases below the grade of felony. The State Court also tries all civil actions regardless of the amount in controversy. This includes attachments, garnishments, proceedings against tenants, foreclosures, and all other actions in which jurisdiction is not in the Superior Court. The State Court Administrator and the State Court Chief Clerk are appointed by and serve at the pleasure of the State Court Judges. The Clerk performs the same duties that are by law required of the Clerk of Superior Court, so far as these duties are applicable to and are not inconsistent with the provision of the laws of Georgia.
State Court – Judges
- Chief Judge John R. Mather – Division G
- Judge Patsy Y. Porter – Division B
- Judge Myra H. Dixon – Division C
- Judge Diane E. Bessen – Division J
- Judge Fred C. Eady – Division Y
- Judge Susan E. Edlein – Division D
- Judge Jay M. Roth – Division A
- Judge Wesley B. Tailor – Division H
- Judge Jane Morrison – Division E
- Judge Eric A. Richardson – Division F
The State Court Criminal Division is solely responsible for handling misdemeanor cases.
Shelia Shah, Chief Deputy Clerk, 404-612-5094
The State Court Criminal Division is solely responsible to handle misdemeanor cases. All felony cases are handled by the Fulton County Superior Court. (http://www.fultoncourt.org/sca200807/.) They can be reached at 404-612-5344 or 404-612-5345.
The Criminal Division of State Court is located in the Charles L. Carnes Building at:
160 Pryor Street, S.W.
First Floor, Room J-150
ATLANTA, GA 30303
ADMINISTRATIVE LICENSE SUSPENSION HEARING If you have been arrested for DUI and blew over the legal limit for someone of your age and drivers license class, then the law requires that the arresting officer give you a temporary license (8.5 x 11 yellow paper). This temporary license is known as form DS-1205 and also acts to serve notice to you that your license will be suspended 30 days from arrest unless you send in $150 to the Georgia Department of Drivers Services requesting an Administrative License Suspension (ALS) Hearing.
An ALS Hearing is a civil action taken by the State of Georgia to try to suspend your license before the adjudication (resolution) of your criminal DUI case. The administrative license suspension case is an important and, frequently, a critical part of your DUI case. The hearing upon the administrative license suspension action can provide valuable information in the defense of your Georgia DUI charge. With the filing of a request for hearing within 10 days from the date of arrest, your driving privileges are extended beyond the 30 days, which your temporary permit is valid for. The administrative license suspension case can play a crucial role in how you proceed in the criminal portion of your DUI case.
If you received a yellow 30-day temporary license and your license was confiscated, then you have only TEN BUSINESS DAYS from the date of your arrest to send a letter to the Georgia Department of Motor Vehicle Safety to request an administrative license suspension (ALS) hearing to try to save your license from being suspended. Otherwise, your license will be automatically suspended once your 30-day temporary license expires. This suspension could be for a full year and could leave you WITHOUT THE POSSIBILITY OF GETTING A LIMITED DRIVING PERMIT.
Our firm will send in this 10-day letter for you for free. You only need to provide us with the necessary information and pay the $150 fee that the State of Georgia requires for submitting a request for an ALS hearing. If you prefer to mail in the letter yourself, you can request this “10 Day Letter” for free. This “10 Day” Letter contains all of the elements needed to preserve your rights to an ALS hearing.
The strategy on how to handle an ALS Hearing is important, as it can dictate how your criminal DUI case proceeds. Our Acworth DUI attorneys and Cobb County DUI attorneys know the strategies and tactics necessary to provide you with solid advice on how to proceed with your ALS Hearing. We will review your case thoroughly and decide on the strategy that best suits your individual and unique case. Contact the Towe Law Firm at 404.993.9172 to discuss your DUI case and ALS case with experienced DUI attorneys.
In the overwhelming majority of the ALS Hearing cases that the Towe Law Firm has handled, we have been able to prevent our clients’ licenses from being suspended at the hearing. Therefore, you will be in great hands if we handle your case. Call us at 404.993.9172 to for a free consultation on your DUI and ALS cases today.
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