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Most people believe that a DUI case will be either convicted or reduced, dismissed, or plea bargained. However, in certain DUI situations in Atlanta, particularly when the defendant has a past history of DUI offenses or substance abuse, the discussion might turn into treatment court. Fulton County previously had a program called DUI Treatment Court, which has been renamed Recovery Treatment Court.
The importance of this topic is because Recovery Treatment Court isn’t just about paying a fine and moving on. This may include supervision, treatment, testing, court appearances, accountability, and a strong dedication to sobriety. An Atlanta DUI Lawyer can assist a driver in determining if this type of program is applicable or beneficial, and if it is, whether it is too time consuming or not.
Treatment Court should not be taken lightly, and should be discussed with an Atlanta DUI Attorney before deciding to pursue it. There are cases of DUI in which it might be appropriate to take a tough stance. There may be legal deficiencies in the stop, arrest, breath test, blood test, field sobriety testing and/or implied consent notice. Some people may benefit from a program, but it is not a substitute for a complete review of their defense.
To eliminate the stigma of treatment court and to reflect the goal of recovery, Fulton County renamed its DUI Treatment Court “Recovery Treatment Court”. That is the significance of that name change. It indicates that the court is not just concerned with punishment. It also emphasizes the need for participants to address drinking or drug-related problems that might be related to the frequent driving under the influence.
A DUI Lawyer Atlanta can give you an explanation of treatment court, which is typically more rigorous than conventional probation. Individuals might need to go to treatment, complete drug and alcohol testing, present to the court on a regular basis, follow the rules of the program, keep in touch with supervisors, and demonstrate progress throughout treatment. It’s a structure that can help some participants but can be overwhelming for someone who’s not prepared.
A DUI Attorney Atlanta will also be able to clarify the difference between eligibility and wisdom. Being legally eligible for a program does not necessarily mean it is the most strategic program. The defense should take into account the strength of the DUI case, prior record, the consequences to the driver’s license, employment, family responsibilities, transportation, treatment needs, and risk of failure of the program.
Repeat DUI history is one of the reasons why Recovery Treatment Court might be considered. If a person has several DUI arrests or convictions, this could alter the way the court handles the case as opposed to a first offense. The prosecutor may be less than keen on a quick fix. The judge may have more to worry about when it comes to keeping the public safe. The defense will have to demonstrate that the person is doing something to resolve the issue and not merely seeking lighter punishment.
An Atlanta DUI Attorney will be able to help get the client ready to face what that really means. Treatment court is not a fast-track option. It can take many months of work, lifestyle adjustments and constant compliance. Failure to attend appointments, failing tests, ignoring rules or charging something else can have serious consequences. The program should not be entered at random.
Meanwhile, Recovery Treatment Court may be helpful in the proper situation. If you’ve had a history of alcohol or drugs that have been a recurring issue in your life, the program can give you a structure and accountability. It also can demonstrate the court that the person means it when they say that they want to change. In negotiations and sentences, an Atlanta DUI Attorney will be able to shape that effort correctly.
The defense should still conduct a thorough investigation of the DUI. Treatment court discussions are intended to not be a tactic that leads to waiver of important defenses prematurely. Was the stop legal? Was there sufficient reason to make the arrest? Did field sobriety tests occur as they should? Did the breath machine meet the standards for maintenance? Has the blood draw been properly performed? Did the officer read correctly the implied consent notice? A DUI Lawyer Atlanta can discuss these issues before determining whether to pursue treatment court in the strategy.
There are also some handy questions. Will the person be able to attend the necessary sessions? Are they able to be supported in their transport? Can the required schedule be met for the work? Do you have kids? Do you have support? Does the person have the means to pay the expense of the testing, treatment, or supervision that may be required? A DUI Attorney Atlanta can assist the driver in thinking through these questions prior to committing.
But for certain clients, it may be preferable to battle the case. Others may find it best to negotiate an outcome based on recovery. Some may mount a defense both in this regard, by attacking the state’s case, and in this regard, by presenting a serious mitigation plan.
The important thing is to not make Recovery Treatment Court a magic cure and a scourge to be feared. It is a legal tool. As with any instrument, it relies on the details of the situation and the requirements of the individual who is being charged.
Before deciding on anything for a DUI case in Fulton County, it is important for anyone involved to be aware of their options. James Yeargan or other qualified defense professional can look at treatment court and the evidence, prior record, risk of license revocation. An Atlanta DUI Lawyer can make the determination whether Recovery Treatment Court is part of the strategy or if it is a better alternative to fight the case in some other manner.
