In Roswell, GA, DUI officers make thousands of arrests each year. Several weeks later, Roswell DUI Defendants are to appear at an arraignment calendar in the Roswell Municipal Court where they (or their DUI lawyer on their behalf) enter a plea of guilty or not guilty to the charges. In recent months, the new Roswell DUI prosecuting attorney has requested pre-trial conferences with DUI lawyers. This sometimes delays things, but typically the case will be placed on a plea calendar in Roswell if the DUI Defendant wants to enter a negotiated plea. However, if the DUI Defendant wants to maintain that they are not guilty, they have the right to a trial. Roswell, GA Muicipal Court is not a trial court. The case would have to be "bound over" to Fulton County State Court for a jury trial.
One of the big setbacks that many of those accused with DUI face is that it takes approximately a year or more for the case to be sent from Roswell DUI Court to Fulton County State Court for a jury trial. Those DUI-accused drivers who are trying to get their licenses back have to deal with this obstacle. On the other hand, a delay can be helpful to other drivers, particulary to under 21 drivers. In addition, evidence and witnesses for the state of Georgia can disappear over time, so a long delay can be a good thing.
In Fulton County state court, the prosecuting attorney will still relay on the testimony of the Roswell DUI officer, along with a breath test or proof of refusal, as the key evidence against you. Challenging the test results as well as the officers credibility and assessment of the field sobriety evaluations are some of the main tactics used in a DUI trial. Each set of facts is unique, so consulting with an experienced Roswell DUI lawyer is necessary to getting the best possible results. Call our Roswell, GA DUI lawyers today to discuss your case.