Defense For Traffic Offenses, Vehicular Homicide, DUI And Traffic Tickets

A driver can be charged with vehicular homicide if the prosecution presents evidence that the motorist’s driving was the legal cause of death of another person.Georgia law classifies two types of vehicular homicide as first degree and second degree. First degree vehicular homicide, a felony, involves causing the death of another person while:

  • Fleeing Police
  • Driving under the influence
  • Passing a school bus illegally
  • Recklessly driving
  • Causing a hit and run incident
  • A habitual violator driving with a revoked driver’s license

If convicted, the defendant may be sentenced to three to 15 years in jail and a three-year driver’s license revocation.

Second degree vehicular homicide is classified as a misdemeanor. If convicted of causing a death while driving a car in any other traffic offense, the defendant may have to serve a year in prison and pay a $1,000 fine.

Actual sentencing in your case depends on various factors such as in-custody compliance or alternative work programs. If you are facing charges for vehicular homicide, you will need a lawyer. Call The Law Office of Timothy McCalep for a free consultation at 404-988-5809.

Do They Even Have A Case Against Me?

If you are arrested for driving under the influence (DUI), Georgia law requires you to submit to state-administered chemical tests of your blood, breath, urine or other bodily substances to determine if you are under the influence of alcohol or drugs.

This is the implied consent law you agreed to by driving in Georgia. If anyone refuses this testing, that person’s Georgia driver’s license or privilege to drive on the Georgia highways can be suspended for a minimum of one year.

Refusal to submit to the required testing may be offered as evidence against you at trial. Police officers are supposed to read you the state’s consent notice as soon as possible.

Under Georgia statute, O.C.G.A § 40-6-391, the law states that a person shall not drive or be in actual physical control of any moving vehicle while:

  • Under the influence of alcohol to the extent that it is less safe for the person to drive
  • Under the influence of any drug to the extent that it is less safe for the person to drive
  • Under the intentional influence of any glue, aerosol or other toxic vapor to the extent that it is less safe for the person to drive
  • The person’s blood alcohol concentration is 0.02 or 0.08, depending on age and driver status, at any time within three hours before or after driving
  • There is any amount of marijuana or a controlled substance present in the person’s blood or urine

Because Georgia recently updated the DUI laws, instead of solely relying on the implied consent law, a judge will also look at whether a driver gave actual consent to submit to any blood, breath or urine tests, among other things.

In order for the results of any tests of an alleged DUI driver to be admissible in court, the trial court must determine whether the driver voluntarily consented or was pressured by the arresting officer to the blood, breath or urine test.

While you do not have a constitutional right to an attorney before submitting to or declining the chemical tests, I’ll be right here supporting you and fighting on your behalf at trial or negotiating outside the courtroom.

An experienced and aggressive attorney can help you reduce your drunk driving charge, or in some cases, have the charges dismissed. I am Timothy O. McCalep, and I opened my practice to help those in Atlanta and the surrounding areas as they fight to protect their rights. Do not hesitate to call The Law Office of Timothy McCalep for help at 404-988-5809.

Will I Lose My License And My Job?

Georgia DUI laws carry harsh consequences. Even first-time offenders found guilty of a DUI may face jail time, significant fines and a one-year driver’s license suspension. Insurance costs increase and you may find it difficult to travel to work after losing your driving privileges.

DUI charges create a domino effect as one thing leads to another and next thing you know, your life is completely altered. You need an attorney who knows and understands all the different tiers and levels of DUI. You need Timothy McCalep.

If you work in a job that requires a commercial driver’s license (CDL), you will almost certainly lose your employment. You need an experienced attorney to advocate on your behalf.

Laws are constantly changing as our justice system continues to evolve. It is essential to your defense that we work quickly because many alternative programs have strict deadlines.

New laws allows a driver arrested for driving under the influence to waive their right, within 30 days, to a DUI refusal hearing for the Administrative License Suspension (ALS), in exchange for the driver agreeing to install an ignition interlock device in their vehicle for 12 months.

This interlock device prevents a vehicle from being started without the driver blowing into the device, ensuring sober driving.

While other rules and restrictions apply and the use of such device can be tedious — serving as a constant reminder of the mistake you made — compliance can save the embarrassment of having to catch a ride everywhere, or the burden of using public transportation for the next 365 days.

I strive to help clients who are close to losing or have lost their licenses and have suffered a major life disruption as a result. I prepare extensively and help my clients have peace of mind.

I can help you achieve a favorable outcome in a difficult situation, both in and out of court. To secure a consultation, contact me at The Law Office of Timothy McCalep at 404-988-5809 or via the contact form.

Providing Options After A Traffic Offense

Traffic tickets can feel like a part of life for those who live in Atlanta and the surrounding areas. The consequences of ignoring your traffic tickets can potentially be very serious, such as license suspensions, revocation of your driving privileges, fines, including points on your license and eventual license suspension, if the violations are serious enough.

I fight on behalf of clients who are dealing with any number of traffic offenses. I also regularly help clients who are out of state or passing through Atlanta and receive a traffic violation citation. For many clients, I can go to court on your behalf without you ever having to attend.

In particular, I provide an experienced approach to the following matters:

  • Hit and run
  • Driving with an expired license
  • Failure to yield to an emergency vehicle
  • Unlawful passing of a school bus
  • Construction zone speeding
  • Points suspension

What Should I Do If I Receive A Citation In The Mail?

Call Timothy McCalep. If you receive a ticket for passing a school bus or any other major traffic violation in the mail does not mean your situation is hopeless. It is very possible to dispute an invalid citation. If you have a good driving record, I may be able to get the charge reduced to a far less charge.

Call The Law Office of Timothy McCalep today at 404-988-5809 if you want to fight your ticket. I offer aggressive and experienced representation.

Your Privilege To Drive Operates On A Points System

A Georgia driver who accumulates 15 points on his or her license within a 24-month period will have his or her license suspended as a result.

To avoid obtaining points on your license, you should continue to be a safe, alert driver. When you receive a citation for violating one of Georgia’s many traffic laws, do not simply pay the fines associated with the traffic offense.

Contact me right away at 404-988-5809 or online. I may be able to help you to take the necessary steps to avoid both the fees and the points and protect your valuable driving record.

The Department of Driver Services (DDS) allows you to request and obtain a points reduction and reduce the number of points assessed against your Georgia driver’s license up to seven points, once every five years.

To qualify for a Points Reduction, you must successfully complete a certified defensive driving course and provide the original certificate of completion to the DDS by mail or in person at one of our Customer Service Centers.

What Can An Attorney Do For You?

As a dedicated and tough attorney, I know Atlanta is a traffic nightmare, and highways and interstates are part of our daily commutes. I understand that for many who pass through here, it is not always convenient to return and dispute a traffic violation, particularly if you live far away. I work with clients to minimize their appearances and reduce their burden.

We can work to establish an attorney-client relationship over the phone and via email, so that you don’t have to take the time out of your busy schedule to return and contest your traffic violation.

To schedule a consultation with me and learn more about how I can help with any traffic violations case, call me at 404-988-5809 or use the contact form.