A Driving Under the Influence conviction can have a serious and devastating effect on your life.
Under current Georgia laws, an individual with two glasses of wine at dinner might be charged with a DUI without even making a single driving error!
If you are faced with a Gwinnett, Georgia driving under the influence charge, immediately contact an attorney knowledgeable in this area of the law.
In 1972, W. Michael Maloof passed the bar and one of his law partners was elected coroner of DeKalb County, Georgia. As a Deputy Coroner, Mr. Maloof was trained by the Medical Examiner's office in the methods used to determine alcohol consumption and it's effects on the human body. During that training, Mr. Maloof learned that there are many sources of error in alcohol testing and how to impeach the testing procedure. He has won jury trials for DUI where the defendant has scored as high as .23 grams percent on a breath testing device and .20 grams on a blood test. These cases often involve getting past the prejudice that juries often have when they hear a result from an "expert".
Georgia DUI cases are very complicated to prosecute if the defense attorney holds the prosecution to proper scientific standards. Unlike any other crime in Gwinnett, Georgia, this is an opinion crime. In other words, it is the opinion of the officer involved that causes a driver to be charged with a DUI. It involves subjective observations by the officer, which should be challenged aggressively. One officer, predisposed to look for a drunk driver, should be forced to thoroughly explain all of his observations and opinions.
Technical points of the law determine whether a traffic stop is permissible, and whether evidence gathered as a result of that stop will be admissible at trial. With years of experience and highly specialized training in identifying the specific legal issues involved with Georgia DUI stops and investigations, W. Michael Maloof can provide the expertise to analyze each case thoroughly and with a keen eye for these specific issues.
Furthermore, breath and bodily fluid analysis can be flawed. Only an attorney with extensive experience in the scientific principles of the highly technical equipment used for these analyses will provide you the best defense. Mr. Maloof’s education, training, and review of scientific journals and articles regarding the subject of breath and blood alcohol testing (actually the same thing, despite common understanding) are invaluable in this area of the law.
Additionally, it is important to remember that all Gwinnett, Georgia citizens are presumed innocent until proven guilty beyond a reasonable doubt. This is the single-most important constitutional protection granted to us in this country. Ultimately, the final line of any defense is a trial by jury. The choice of an attorney to try your case is the most important decision you will make, and when it comes to trials, experience is the number one factor.
Know the "Ten Day Rule"
One of the most severe consequences of a DUI charge is the loss of your privilege to drive in Georgia for up to one year. People have to make a living, and to make a living, we all have to drive. Saving your license can be the single-most important benefit of contacting an attorney immediately upon being charged.
The “Ten Day Rule” refers to a hearing which must be requested within ten working days of a DUI arrest in order to maximize your chances of being able to drive. Begin your search for an attorney immediately upon being charged. Make sure you give him or her ample time to file the necessary paperwork with the Department of Drivers’ Services to ensure the maximum opportunity to save your privilege to drive and make a living.
With 37 years of trial experience, W. Michael Maloof is widely recognized by his peers as one of the best trial lawyers in the State of Georgia. Contact him today for more information on your Gwinnett, Georgia drunk driving and driving under the influence (DUI) charges.
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