Sessions & Fleischman, LLC

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470.225.7710

  • Biography
  • Record of Success
  • Awards & Recognition

MEET BEN SESSIONS

Thank you for taking the time to read more about me and our practice. I have committed my professional life to providing the highest level of representation to individuals and families that face some of life’s most difficult circumstances.

I have personally tried more than 60 jury trials. I have fought for individuals in all levels of courts in Georgia — from municipal courts through the Georgia Supreme Court. I have been selected to Georgia’s Super Lawyers Top 100 list for eight consecutive years, 2019 through 2026, and recognized as a Super Lawyer every year since 2015. I hold an Avvo rating of 10.0, “Superb” — their highest — with 82 client reviews and 57 endorsements from other attorneys.

Personal Injury

Today, a substantial part of my practice is personal injury — car and truck collisions, catastrophic injury, wrongful death, premises liability and negligent security, and workers’ compensation. I handle these cases in Macon and Bibb County, in Warner Robins and Houston County, in metro Atlanta, and throughout Georgia.

Earlier in my career, I represented insurance companies. That experience shapes how I approach every injury case now. I know how adjusters evaluate a file, where they look for leverage, what makes a claim worth paying, and what makes one worth fighting. When an insurer tells my client an offer is the best they will do, I have a good idea whether that is true.

Georgia’s injury laws changed substantially in 2025. Senate Bill 68 altered how medical damages are valued, restricted how and when pain and suffering can be argued to a jury, and made negligent security claims materially harder to prove. Cases have to be built differently now than they were two years ago, and I have spent considerable time working through what that means in practice.

In the News

In November 2025, 13WMAZ reported on a federal lawsuit I filed in the United States District Court for the Middle District of Georgia on behalf of a man who was assaulted in Washington County. The suit challenges the operation of a pre-trial diversion program and names a former solicitor general, the county sheriff, and a private attorney. Read the coverage at 13WMAZ.

Criminal Defense and DUI

I also continue to defend people accused of crimes, including serious felonies and DUI. Much of what makes a good injury lawyer comes from actually trying cases, and criminal trial work is where a great deal of that experience was earned.

Teaching Judges and Lawyers

I am regularly asked to teach at continuing education programs, including for Georgia’s judiciary. In October 2025 alone I spoke at the Probate Court Judges Traffic Conference and the Municipal Court Judges Fall Law and Practice Update, both presented by the Institute of Continuing Judicial Education, and presented on double jeopardy in criminal law at a professionalism program.

Teaching the judges who decide these cases is a useful discipline. It forces you to understand a subject well enough to explain it to the people who will rule on it.

How I Work With Clients

I am responsible for the day-to-day operations of the firm, but I know each of our clients personally. Most people come to us because they are in a completely overwhelming situation. What they need is more than someone to address a legal problem. They need a lawyer who will help them understand the process and the implications of their situation, who will tell them the truth about their case — including when the honest answer is that they do not need a lawyer at all — and who will answer the phone.

If you want to talk through what happened to you, call me at (470) 225-7710. The consultation is free, and in injury cases there is no fee unless we obtain a recovery for you.

BEN SESSIONS HAS A PROVEN RECORD OF SUCCESS IN THE COURTROOM.

Ben Sessions has personally tried over 50 cases to a jury, but a lot of our clients do not come to us expecting or wanting a jury trial. They want their cases resolved quickly and as amicably as possible without the stress of a trial. We understand that, but we also recognize that preparing for a jury trial is frequently the best way to a resolve a case. When you meet with us, we’ll help you understand the process and we’ll also relieve a lot of the stress that you may have about the process involved with your case.

If you want a lawyer that is willing to fight to the very end for your cause, Ben Sessions is the lawyer for you. Ben has built his reputation among former clients and other lawyers by being willing to stand up for people in the hardest times in their lives. If the obstacles in your case seem too large, if the other side appears too rich, if the other side appears to have too much power, Ben Sessions is the lawyer you need to call.

For many of our clients, the difference between having a decent remainder of their life and having to scrape by is our service. If you want and need a Macon personal injury lawyer that actually understands and cares about your future and your family’s future, contact Sessions & Fleischman. We take our clients’ cases to heart. We wake up thinking about them and we go to bed thinking about them.

I spend most of my time working on clients’ cases. I truly enjoy this work, and I enjoy trying to help clients get justice for the wrong that has injured them. When I am not working on my clients’ cases, I am spending time with my family.

  • Defense – Mock Trial, Mastering Scientific Evidence in DWI/DUI Cases (New Orleans, LA, April 4-5, 2019)
  • Closing Statements That Get Attention & Jury Instructions, Civil Trial: Everything You Need to Know, Atlanta, GA (2018)
  • Ethical Considerations, Civil Trial: Everything You Need to Know, Atlanta, GA (2018)
  • Cross-Examination of the SFST Officers – Strategies and Tactics to Win, DUI and Motor Vehicle Summit, Pennsylvania Association of Criminal Defense Lawyers (2018)
  • EFFECTIVE WAYS TO UNDERMINE THE STATE’S BREATH TEST CASE, Georgia DUI Update (Georgia ICLE, May 2017)
  • Jury Selection: The Ultimate Guide Jury Selection Strategy (2017)
  • Georgia Public Defenders Council – Summer Seminar, Cross Examining the FST Officer (2017)
  • Georgia Defense of Drinking Drivers Trying A Test Case Without An Expert (2016)
  • NCDD Winter Session Maximizing Mouth Alcohol as a Breath Test Defense (2014)
  • DUI Super SymposiumDefending the Under-21 DUI Breath Test (2014)
  • DUI Boot Camp Defending the Breath Test Case Without An Expert Defending the Breath Test Case Without An Expert (2014)
  • Defense of Driving Drivers Institute Defending a Breath With or Without an Expert (2014)
  • Annual Public Defender DUI Seminar Effective Use of Motions (2014)
  • Big Apple DWI Seminar Using Mouth Alcohol to Impeach the Test (2013)
  • Annual Public Defender DUI Seminar – Using Mouth Alcohol to Impeach the Test (2013)
  • 3rd Annual DUI Super Symposium Trying a Breath Test Case Without an Expert (2013)
  • Defense of Drinking Drivers Institute Demystifying Breath Tests: How To Win Your Test Case (2012)
  • Impaired Driving 1-Day Seminar for Legal Professionals Defending Under-21 DUI Breath Test Case: The “Gap” Case (2011)
  • Defense of Drinking Drivers InstituteYour Expert Witness “On a Budget”: The Importance of Using an Expert (2011)
  • Georgia Public Defenders DUI Seminar Effective Cross-Examination in DUI Cases (2010)
  • Georgia Defense of Drinking DriversEffective Cross-Examination Techniques for Trial (with Mike Hawkins) (2010)
  • 1st Annual DUI Super Symposium Effective Use of Motions to Attack the Admissibility of State-Administered Tests (2010)

We have an extensive network of resources that allows our Firm to commit a level of attention to detail to your case that is unparalleled by other firms.

Ben has been a featured commentator for the Daily Report and the Atlanta Journal Constitution.

Appellate Cases of Record

Ben has appeared as counsel of record in the appellate matters below. Docket numbers are included so each entry can be verified independently through the Supreme Court of Georgia docket search and the Court of Appeals of Georgia docket.

Where the case style reads The State v. a defendant, the State was the appealing party and Ben represented the appellee — meaning the ruling below was in his client’s favor and the State sought to overturn it.

Awad v. State — Changing Georgia Law on Urine Test Refusals

Awad v. The State, S21G0370, Supreme Court of Georgia, decided January 19, 2022.

Ben’s client was arrested for DUI and refused the State’s request that he urinate into a collection container for chemical testing. The trial court suppressed evidence of that refusal. The State appealed, and the Court of Appeals reversed. Ben petitioned the Supreme Court of Georgia for certiorari, and the Court took the case.

The Supreme Court reversed the Court of Appeals, holding that the right against compelled self-incrimination under Article I, Section I, Paragraph XVI of the Georgia Constitution gives a defendant the right to refuse to provide a urine sample in a collection container, and bars the State from introducing evidence of that refusal at trial. The Court reasoned that urinating into a container on command is an affirmative act that generates evidence against oneself — unlike a blood draw or DNA swab, where the defendant need only be present.

The decision extended the reasoning of Olevik v. State and Elliott v. State from breath testing to urine testing, and clarified the scope of the Court’s earlier decision in Green v. State. All Justices concurred.

Supreme Court of Georgia

  • S21G0370 — Awad v. The State (certiorari granted; Court of Appeals reversed)
  • S22A1095 — The State v. Marty Dustin Whitman (appellee)
  • S23A0174 — Bryce Tebeest v. The State (appellant)
  • S23C0828 — The State v. Sara Elizabeth Walker (appellee)

Court of Appeals of Georgia

Currently Pending

  • A26A2116 — Stacey Johnson v. Amy Howard
  • A26A2014 — The Georgia Virtue v. Hon. Tommy J. Smith, Judge, Middle Judicial Circuit

Concluded

  • A26I0229 — Jodie R. Everidge v. The State
  • A26E0189 — The Georgia Virtue v. Tommy J. Smith, Judge
  • A25I0211 — Ankur Vij v. The State
  • A25A0388 — Nidhi Jennis v. The State
  • A24A0705 — The State v. Seung Youn (appellee)
  • A23A0653 — Bryce Tebeest v. The State
  • A22A1623 — The State v. Sara Elizabeth Walker (appellee)
  • A22A1247 — Matthew Douglas Pittman v. The State
  • A22A0931 — The State v. Terrance Adams (appellee)
  • A22A0489 — The State v. Marty Dustin Whitman (appellee)
  • A22A0132 — Rameshwari Telaprolu v. The State
  • A20A2021 — James M. Blalock v. The State
  • A20A1664 — Robin O’Neil-Wann v. The State
  • A20A1492 — Rick P. Nightingale, Jr. v. The State
  • A20A1490 — The State v. Omar Jamal Awad (appellee; later reversed by the Supreme Court of Georgia in S21G0370)
  • A20A0830 — David English, et al. v. The State
  • A20A0829 — David English, et al. v. The State
  • A20A0544 — The State v. Sara Walker (appellee)
  • A16I0034 — Guillermo N. Barragan v. The State
  • A16A2143 — Hanna Rogers v. The State
  • A16A0362 — The State v. Monique Domenge-Delhoyo (appellee)
  • A15I0136 — Raymond J. Brown v. The State
  • A15A1626 — The State v. Lauren Lynn Thompson (appellee)
  • A15A1442 — Gloria Barghi v. The State
  • A15A1425 — Raymond J. Brown v. The State
  • A13A1067 — Seung Lee v. The State
  • A12I0040 — Weston D. Cronkite v. The State
  • A12A0671 — Weston D. Cronkite v. The State
  • A11I0186 — Shawn D. Johnson v. The State
  • A09A1519 — James M. Adcock v. The State
  • A08A1079 — Innocent S. King v. The State
  • A07A1195 — Earl William Avery v. Tommy Fuller, Sr.

Listing a case does not indicate its outcome. Interlocutory and emergency applications are frequently resolved without a published opinion. Prior results do not guarantee or predict a similar outcome in any future case.

Selected to Georgia Super Lawyers Top 100 for eight consecutive years (2019–2026). Selected to Super Lawyers every year since 2015. Named a Rising Star from 2010 through 2014.

Speaking and Teaching

Ben has been invited to teach at continuing legal and judicial education programs every year since 2010. In 2025 that included two programs for Georgia’s judiciary through the Institute of Continuing Judicial Education.

  • Co-Chair, DUI Defense 201 | State Bar of Georgia, Institute of Continuing Legal Education | December 2025
  • Speaker, 2025 Municipal Court Judges Fall Law & Practice Update | Institute of Continuing Judicial Education (ICJE) | October 2025
  • Speaker, 2025 Probate Court Judges Traffic Conference | Institute of Continuing Judicial Education (ICJE) | October 2025
  • “Double Jeopardy in Criminal Law” | Professionalism CLE, Lister and Holt LLC | October 2025
  • “It’s a New Day for Criminal Defense Lawyers in Georgia — Daubert Rules Apply!” | Georgia ICLE, State Bar of Georgia | March 2025
  • DUI Defense 101, Program Co-Chair | Georgia ICLE, State Bar of Georgia | March 2024
  • DUI & Traffic Law Update | Georgia Probate Judges Traffic Conference, Georgia ICLE | May 2023
  • “DUI Jury Selection” | Defense of Drinking Drivers Institute, Georgia ICLE | December 2022
  • “A Practical Guide to DUI Motions Practice” | Georgia Association of Criminal Defense Lawyers, DUI Boot Camp | March 2019
  • “Crimmigration for the Business Practitioner” | Georgia-Alabama American Immigration Lawyers Association | February 2019
  • “Jury Selection Strategy” | Jury Selection: The Ultimate Guide | 2017
  • “Cross Examining the FST Officer” | Georgia Public Defenders Council, Summer Seminar (Savannah) | July 2017
  • “Effective Ways to Undermine the State’s Breath Test” | Georgia DUI Update, Georgia ICLE | May 2017
  • “Winning the Unwinnable DUI Case” | Georgia Association of Criminal Defense Lawyers | Spring 2016
  • “Trying a Test Case Without an Expert” | Georgia Defense of Drinking Drivers | 2016
  • Panel Moderator, “Somewhere Over the Rainbow: Bring Your Files and Ask Questions to Our Panel” | Georgia DUI Update, Georgia ICLE | May 2015
  • “Williams v. State: Where Do We Go From Here?” | Georgia Public Defenders Standards Council | April 2015
  • “How to Win a Breath Test Case: With or Without an Expert” | Defense of Drinking Drivers Institute, Georgia ICLE | December 2014
  • “It’s Not the Size of the Brief. It’s the Merits of the Motion.” | Georgia Public Defender Standards Council | October 2014
  • “Defending the Under-21 DUI Breath Test Case: The ‘Gap’ Case” | 4th Annual DUI Super Symposium | October 2014
  • “Defending the Breath Test Case Without an Expert” | DUI Boot Camp | 2014
  • “Effective Use of Motions” | Annual Public Defender DUI Seminar | 2014
  • “Maximizing Mouth Alcohol” | National College for DUI Defense, Winter Session (San Diego) | January 2014
  • “Using Mouth Alcohol to Impeach the Test” | Big Apple DWI Seminar, New York State Bar Association | May 2013
  • “Using Mouth Alcohol to Impeach the Test” | Annual Public Defender DUI Seminar | 2013
  • “Trying a Breath Test Case Without an Expert” | 3rd Annual DUI Super Symposium | 2013
  • “Demystifying Breath Tests: How to Win Your Test Case” | Defense of Drinking Drivers Institute, Georgia ICLE | 2012
  • “Defending the Under-21 DUI Breath Test Case: The ‘Gap’ Case” | Impaired Driving 1-Day Seminar for Legal Professionals | 2011
  • “Your Expert Witness ‘On a Budget’: The Importance of Using an Expert” | Defense of Drinking Drivers Institute, Georgia ICLE | 2011
  • “Effective Cross-Examination in a DUI Case” | Georgia Public Defenders DUI Seminar, sponsored by the National College for DUI Defense | 2010
  • “Effective Cross-Examination Techniques for Trial” (with Mike Hawkins) | Georgia Defense of Drinking Drivers | 2010
  • “Effective Use of Motions to Attack the Admissibility of State-Administered Tests” | 1st Annual DUI Super Symposium | 2010

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Avvo Rating: 10.0 (Superb). Rated 4.9 out of 5 across client reviews, with peer endorsements from other Georgia attorneys. View the full Avvo profile and current client reviews.

Super Lawyers. Selected to the Georgia Super Lawyers Top 100 list for eight consecutive years, 2019 through 2026, and selected to Super Lawyers annually since 2015. View the Super Lawyers profile. Selection to Super Lawyers lists is made by Thomson Reuters through a patented process that includes peer nomination, independent research, and peer evaluation; it is not a certification of specialization and no aspect of this recognition has been approved by the Supreme Court of Georgia.