Question: I got arrested for DUI in Marietta.  Since I was just here for business and I live In Florida, I want to know if I need to come to court and if I have to keep coming here for things like probation.

I was in a small accident when a car stopped in front of me.  I hit the car, but not hard.  The accident occurred on Bells Ferry Road.  Nobody was hurt.  I was visiting on business and went out with a couple of clients in Marietta for dinner and drinks.  I guess I had a couple too many.  My breath test was .169, which I read is on the high side.  I really wasn't drunk and don't know how they got such a high reading but I had been drinking.

I know that in some states you don't have to go to court.  I really don't want to go to court.  And I don't want to come back to Cobb County for probation because I travel all the time and it would be inconvenient and expensive.  Can you answer those questions for me?  I really don't drink and drive too much.

Answer: Some cases can be resolved with a plea in absentia, where a defendant does not have to appear.  However, a DUI is not that type of case; you cannot do a plea in absentia.  You need to appear for a DUI charge in Cobb County.  A plea in absentia can be used for many traffic-related charges, such as speeding, failure to maintain lane or failing to obey a traffic control device.

As for coming back to Marietta for probation, in DUI cases we commonly work out with the probation officials an alternative to appearing every month.  Sometimes a client can call in, write in or use the internet to report for probation.  This has allowed our clients to complete probation from many states around the country, as well as from various nations around the world.

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