Have you recently been accused of DUI?
Suppose you are arrested and charged with DUI in Dunwoody, Atlanta, Sandy Springs, Alpharetta, Georgia, or anywhere in North Fulton County. In that case, you must act quickly and contact a DUI attorney that can defend your charges.
At Diwan Law, a dedicated and experienced DUI attorney will represent you.
As a former DUI prosecutor, Christopher J. Diwan has the background experience and has a wealth of experience with jury trials and motions in Atlanta, Fulton, and surrounding areas.
The Consequences of a DUI Conviction in GA
Though the actual penalties can differ depending on the specifics of your case, the most common DUI penalties for first offenses and subsequent ones include:
First Offense DUI – Up to 12-months in prison with a minimum of 24 hours. Fines up to 1,000 dollars, a 12-month license suspension, a minimum of 40 hours of community service, and probation. License suspension of up to one year. DUI Alcohol or Drug Use Reduction Program, including all costs.
Second Offense DUI – Up twelve months prison with a minimum sentence of 72 hours; fines up to $1000; a minimum of 30 days of community service; probation; DUI Alcohol or Drug Use Reduction Program; including all costs. Ignition interlock device (IID) for your car, including all fees.
Third offense DUI: Up to 12 years in prison with a minimum sentence that is 15 days. Fines as high as $5,000. You can also face permanent suspension of your driver’s license minimum of 30 days of community service, as well as probation. Driver’s license suspension up to 5 years. DUI Alcohol or Drug Use Reduction Program, including all costs.
Aggravating Circumstances
If a minor was inside the vehicle at the time of your DUI stop, you could face child endangerment charges. If convicted, it could result in a longer prison sentence and additional fines.
Additionally, suppose your DUI causes death or an injury. In that case, you may be charged with serious injury by vehicle, which can result in a lengthy prison sentence if not handled correctly.
The Reasons to Hire a Lawyer to defend a DUI Charge
Reason #1: Georgia’s DUI laws are complex
From the definition of “driving under the influence” to the varying penalties for the different DUI-related offenses under Georgia law, there are many complex issues involved in a DUI case.
To successfully defend yourself, you will have to have a commanding grasp of DUI law and Georgia criminal procedure, and you need to know how to use it to your benefit.
Reason #2: A DUI arrest can have an immediate impact
There are direct consequences when you get arrested for DUI in Georgia.
For example, your driving privilege will automatically be suspended, and you only have 30 days to appeal the suspension.
A first DUI conviction will result in a driver’s license suspension of 12 months, but it can be reinstated after a period of 120 days under certain conditions, including the successful completion of an educational DUI program and the payment of minimal fees.
A second DUI conviction may result in an extended suspension of three years, but they may be eligible to be reinstated after 18 months.
Reason #3: A DUI Conviction Can Lead to Substantial Penalties
If you are found guilty of the crime of DUI, then you are in danger of facing severe penalties. These could include fines as well as jail time. The penalties are much higher for repeat offenders, which is enough reason to fight to maintain your clean criminal history.
Reason #4: There are Experienced Lawyers on the Other Side of Your Case
When you are charged with DUI in Fulton, your case is managed by the solicitor’s office. This means that qualified lawyers will fight to convict you on the other side. If you do not have an experienced DUI lawyer to level the playing field, you will be at a distinct disadvantage.
Reason #5: There are many potential defenses in an Atlanta DUI case
While there are several risky aspects of facing a DUI charge, possible defenses are also available. However, to determine what defenses you can assert, you will need to work closely with a knowledgeable DUI attorney who can apply the law to the facts of your case.
DUI charges may be reduced or entirely dismissed due to the lack of evidence, breach of protocol, or a civil rights violation.
A skilled DUI lawyer can aid you in determining whether any of these defenses are available in your case.
Contact Diwan Law Today
Let us defend your DUI charge. Our highly skilled DUI defense lawyer understands how to negotiate with prosecutors to reduce or altogether drop their DUI charges.
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DUI Defense Attorney
If you have been arrested anywhere in Georgia for a DUI, our skilled Georgia DUI attorney is ready to talk with you about your DUI case anytime, including after-hours, weekends, and holidays! If you are from out of state, we may be able to appear in court on your behalf, so you don’t have to! Call Diwan Law today.
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BREACH OF CONTRACT LITIGATION
When it comes to breach of contract litigation, Diwan Law is committed to protecting our clients’ best interests and business interests.
A breach of contract is a violation of any of the agreed-upon terms and conditions of the contract. The violation could be anything from a late payment to more serious breaches such as the failure to deliver a promised asset.
While many breaches of contract may result from negligence or ignorance, others may result in intentional violations of the contract.
As an Atlanta contract attorney, Diwan Law can help you determine the intent of the contract and prove the other party violated it.
Diwan Law will investigate your case, gather the evidence necessary to support it, and get you the desired results.
THE ELEMENTS OF A BREACH OF CONTRACT
Although it is up to the court whether or not a breach occurred and what type of breach, in general, there are three elements that a plaintiff must show to have a viable breach of contract claim.
- The existence of a contract is required to determine if there has been a breach. Although it is unnecessary for the contract to be written, the case is easier to prove if the contract is in writing. Three elements make up an enforceable contract:
- An “offer”, or an intention of the parties to enter into the contract;
- The acceptance by both parties of the agreement’s essential terms, and:
- Proper consideration requires that each party give or receive something of value. One-sided contracts, based on services rendered in the past, are often not enforceable.
- A breach of contract terms: At most, one party must have violated one of the terms. Nevertheless, it is unnecessary to take every term in the contract literally. A lawsuit can only be filed if significant breaches affect the other party’s value.
- Damages resulting from the breach: The suing party must show that the other party’s violation caused them some type of harm, such as financial loss or lost time. The breaching party may be held responsible for all expenses and punitive damages. The breaching party could also be required to comply with the contract’s terms, or to void it and return the infected party to the state they were before the contract was made.
Different Forms Of Contract Breaches
Despite the complexity of creating and maintaining a contract, there are four types of common breaches that could trigger a contract dispute.
Partial
A partial breach is sometimes called a minor breach. However, it will allow the plaintiff (non-breaching party), to sue for actual damages such as the costs of fixing the problem.
Material
An issue that is significant enough to cause monetary loss via damages or undue hardship like working for someone. A material violation is perhaps the most frequent breach of contract consequence
Fundamental
A fundamental breach is when someone disregards a contract in such a way that it becomes unworkable. The plaintiff can sue the breaching party not only for actual or alleged damages but also to end the contract if they have good cause. and costs.
Anticipatory Breach
If you believe that the other party is mistreating your contract so clearly that you are likely to be sued soon, an anticipatory breach can be used to speed up the contract’s termination.
These types of cases can come in many different forms such as:
- Contracts for construction;
- Lease agreements;
- Real estate contracts;
- Supply contracts;
- Debt buyer lawsuits (i.e., Midland Funding, PRA, Zwicker and Associates, Asset Acceptance, Cavalry Portfolio Services, Cooling and Winter, LLC, Unifund, and others);
- Credit card lawsuits (i.e., Discover, Bank of America, and Capital One, among others).
HOW TO ACT AFTER A BREACH
The first step in this legal process is to identify that there has been a breach of contract. It is crucial to identify the breach and how to deal with it without causing any legal problems or causing harm to innocent parties or business partners. Diwan Law treats its clients as if they were family. We have a friendly, open approach to all our clients. However, when it comes time to handle business lawsuits or negotiations, we can be relied upon to represent you with professionalism. Our goal is to help you reach a positive and quick resolution to your contract breach without causing undue damage to the professional relationships that you and your company have built.
To bring legal action against a contract breach, there are four steps:
Collection
Collect as much information about the possibility of a breach of contract. The original written contract is what you will need, along with any amendments, changes, or other documentation that may be taken to mean that the contract has been altered.
Counsel:
You should seek professional advice before you accuse anyone of violating a business agreement.Our Atlanta business litigation lawyer can help you navigate the process.
Discussion:
Not all contracts are broken with the intention of permanently destroying your business propositions. Let us discuss the possible solutions and fixes with the opposing side’s legal counsel. It is possible to resolve the breach without escalating the matter further.
Litigation
If negotiations or mediation fail, you can expect courtroom litigation. Let us act as your legal advocates during this process.
If you are or may become embroiled in a contract dispute, call or contact our experienced litigation and breach of contract lawyer in Atlanta today for a free consultation.
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