Driving under the influence in Georgia carries serious and far-reaching consequences—ranging from potential jail time to long-term license suspensions. When facing a DUI charge, it is essential to have a strong advocate who understands the criminal court system and will prioritize your best interests. This is especially important for individuals charged with DUI in Forsyth County, and nearby areas such as Alpharetta, Dawsonville, Lumpkin, and Gainesville.

At Abernathy McPeek, we have extensive experience handling DUI cases throughout North

Georgia. Our firm understands the defenses that may apply in a Georgia DUI, including:

• Improper administration of the Implied Consent Notice

• Chain of custody issues or improper analysis of blood and breath samples

• Lack of reasonable, articulable suspicion for the initial traffic stop

• Incorrect administration of Standardized Field Sobriety Tests

• And other procedural or evidentiary challenges

Georgia’s Implied Consent laws also impose severe penalties for refusing a blood, breath, or urine test. A refusal may result in a driver’s license suspension of at least one year. One of the most critical decisions you must make early in your case is whether to file an Administrative License Suspension (ALS) appeal or install an Ignition Interlock Device. This decision must be made within 30 days of receiving your suspension notice—an urgent deadline that can greatly impact your ability to drive.

At Abernathy McPeek, we know how to thoroughly evaluate your case and strategically apply the strongest defenses possible. Our goal is to pursue a reduction—or, when possible, a complete dismissal—of your DUI charges.

If you have been charged with DUI in Cumming, GA or any neighboring North Georgia area, contact our office today for a free consultation. Let us help you protect your rights, your license, and your future.

At Abernathy McPeek, we are committed to achieving the best possible outcome for your traffic-related matters in Cumming, and the surrounding areas. While traffic tickets often appear simple, many people assume it is easier to pay the fine rather than challenge it. However, paying a ticket is legally considered an admission of guilt and can lead to serious consequences for your driver’s license, driving record, and insurance rates.

Our firm frequently receives calls from individuals who have already paid their ticket, only to later discover that points were added to their license, their insurance premiums increased, or their driving privileges were suspended. Once a ticket has been paid, it becomes far more difficult to obtain a favorable resolution—especially in jurisdictions throughout North Georgia such as Cumming, Dawsonville, Alpharetta, and Gainesville.

These challenges are even more significant for young drivers under the age of 21—or under 18—who face particularly harsh penalties. Traffic citations at these ages often carry mandatory license suspensions, and in many cases, do not allow for a limited driving permit for school or work. To avoid these consequences, it is essential to be proactive and work with an attorney who understands how traffic courts operate in Cumming, and nearby communities.

If you have received a traffic citation in Cumming or the surrounding areas, contact Abernathy McPeek today to discuss your case and receive a personalized quote. We are here to help you protect your record, your license, and your future.

Domestic violence cases in Georgia—although often charged as misdemeanors and sometimes as felonies—can carry consequences that may affect a person long term. Many people are unaware that Georgia lawmakers have created specific statutes to address family-related violence and the significant penalties that can result from a conviction under the Georgia Family Violence Act. This law applies to incidents involving family members and individuals in certain domestic or household relationships.

When someone is charged under this act, it is common for bond conditions to include a “No-Contact Order,” prohibiting communication with the alleged victim. These restrictions can complicate matters far beyond the criminal case itself, especially when the individuals involved share a home, children, or financial responsibilities. Adjusting these conditions is not a simple process; even when the alleged victim requests contact, the State may still object.

It is also common for an alleged victim to seek a Temporary Protective Order (TPO). A TPO is designed to offer immediate protection and may be granted by a judge before the accused individual has an opportunity to respond. Violating a protective order can result in serious consequences. After an initial order is issued, the court will schedule a hearing to determine whether the order should be extended.

At Abernathy McPeek, we provide experienced guidance in domestic violence matters—whether representing individuals charged under the Georgia Family Violence Act or assisting victims seeking a protective order. These cases can be complex and emotionally challenging, and they benefit from the support of an attorney familiar with how these issues are addressed in Forsyth County and the surrounding North Georgia communities.

If you or someone you know is facing a domestic violence charge or needs assistance pursuing a Temporary Protective Order, please contact our office for additional information and a free consultation. We are here to help you navigate these sensitive situations with professionalism and care.

If you or a loved one is facing a probation revocation, they might be at risk of going to jail or prison - even if your original sentence did not consider it.

Call our office at 404-236-6060 for a no-cost consultation. This will let our firm learn about your situation and discuss next possible steps.

A probation revocation is triggered when it is claimed a person has broke the rules of their sentence. This can be triggered in more ways than simply being arrested for new a new crime. At Abernathy McPeek, we commonly see probation revocations in the following ways:

• Missing a meeting or meetings with your Probation Officer

• Failing drug or alcohol screens by testing positive

• Not completing Court ordered treatment or classes

• Picking up a new criminal charge, be it a felony or misdemeanor

When facing a probation revocation, it is critical to know that Courts and Probation Officers have a lot of discretion.

Consequences for probation revocations can include jail time, stricter probation terms like increased testing, the loss of special sentences such as First Offender status, and additional treatment. This level of discretion is why it is critical to have representation.

At Abernathy & McPeek, our focus is squarely on understanding our client’s worries and minimizing the impact of a probation revocation. After getting involved we first look at the allegations for factual and legal defenses. We communicate quickly, clearly, and directly with Probation Officers and Prosecutors. Our team also gathers mitigation evidence to position your set of circumstances and present your situation to the Court in the strongest way possible.

Probation revocation cases move quickly. They are often resolved in weeks - not months. This is why time matters. If you think that a probation warrant has been issued, or is about to be, do not wait to see what happens. Call our office and tell us about your unique situation. We will take the time to explain the process and the steps that need to be taken immediately to put you in the best position possible.

How you handle your probation revocation matters!

For those struggling with mental health and addiction issues, being charged with a criminal offense can be terrifying. These feelings of worry are often intensified because both those charged and their loved ones may feel helpless. What do you do when there is a deep addiction or a genuine mental health issue that is the root cause of the legal trouble? Since 2012, the answer in many instances has been drug court or mental health court.

Beginning in 2012, mental health and drug courts—more commonly called accountability courts—received enough backing to expand statewide. These programs are designed to treat individuals with certain mental health or addiction issues in the community, rather than simply placing them in custody. Each county and circuit in Georgia has these programs, and navigating them successfully is critical for clients who qualify.

Gaining entry into these programs is a multi-step process. First, an attorney must identify a genuine legal need for this type of sentence. After the application, the individual undergoes a clinical screening, where a treatment provider conducts a thorough in-person evaluation to determine if the person has a mental health or addiction issue that the program can address. If clinically accepted, the case proceeds to the prosecutor to confirm legal eligibility. If all steps are satisfied, formal acceptance is offered, and the individual can decide if the program is right for them.

The attorneys at Abernathy & McPeek, LLC have been actively involved in these accountability courts since their inception. From 2012 to 2016, Kristian McPeek served as a team member for these programs across Lumpkin, White, Dawson, and Hall Counties, participating in meetings with judges, probation officers, treatment providers, and the District Attorney. This experience gave him unique insight into how these programs operate, how to guide clients through the entry process, and how to ensure success once enrolled. Kristian continues his active participation in accountability programs throughout Forsyth County and North Georgia, attending graduations and supporting participants.

These programs typically last a minimum of 24 months. They require hard work, but the rewards are significant. At Abernathy & McPeek, LLC, we have seen firsthand how dedication pays off. Our team has the expertise to identify strong candidates, the advocacy to get them accepted, and the guidance to help participants navigate the program successfully.

If someone you love is facing a criminal case and may be eligible for drug court or mental health court, call us today at 404-236-6060. We will take the time to explain the process in detail and help put rehabilitation before incarceration.