I was recently stopped for a DUI. The officer asked me to step out of the car for a field sobriety test and refused that. His comment was- fine, let's move on to the breathalyzer test. I refused that as well. He said that i would be arrested for D...
The procedure an officer must follow during a DUI arrest is very technical. From your question, it appears that your office may not have followed the proper procedure. For instance, the officer must read you the Georgia Implied Consent Notice after arrest but prior to leaving the scene of the arrest, unless specific extenuating circumstances exist. At the end of this notice, the officer will ask you to submit to a chemical test of your ______ and the officer designates breath, blood, urine or other bodily substance. If the officer did not ask you for blood until you were at the station, he may have made an error in timely reading you this notice or properly reading you the notice.
From the facts that you provided, this appears to be a very defensible DUI case. It is a case in which you will need an experienced DUI attorney that practices in that area. You should not try to defend this type of case on your own. Most attorneys offer free consultations and can review the specific facts of your case with you, so you can make an informed decision on how to proceed. The information you provided above will prompt any attorney to go into considerably more detail with you on your interaction with the officer. Please note that this answer is not intended to be legal advice.
my headlight was out and said I refused breath test after I tried 6 times breathing into test
I agree with both Attorney Goldberg and Attorney Spizman. A 3rd DUI charge can have serious consequences, especially if they are within 5 years, but many courts will also look back at your lifetime history for sentencing purposes. I would recommend consulting with an experienced DUI attorney who practices in that jurisdiction. Most attorneys offer a free consultation and will review the specific facts of this case and your history with you, so you can make an informed decision about how to proceed. You will want to take all of your paperwork from the stop with you for the consultation, but I would also suggest that you bring in information concerning the approximate dates of the prior DUIs, such as date of arrest and date of sentencing. Your attorney may also need to know if there was an Administrative License Suspension (ALS) hearing on either of the prior DUIs, the dates, and the results of each. Please note that this answer is not intended to be legal advice.See question
Go to the city court but he has moved my case to the state court because in the city court they want to ge me jail time. My question is by him moving my case to the state court how can that help?
You should speak to your current attorney on this matter. As Attorney D’Antoni pointed out, your existing attorney is really the only one who can explain why he bound your case over to State Court. There are many positive reasons to bind a case over from a city court that are dependent on the particular fact situation in your case, the particular city where your case was original set, and the county court system. Please note that this answer is not intended to be legal advice.See question
first offense, blew .175, at that time could plead nolo, have public defender wanted me to plead guilty 1000.00 fine 40 hours community service 1 yr probation dui class drug evaluation all current law license never suspended been driving 4 and hal...
I agree with Attorney Spizman’s advice above. If you did have any prior DUI convictions at the time of your arrest that were over 5 years ago but not over 10 years ago, your attorney can point out the change in the law to the Judge as a mitigating factor to argue against the higher mandatory minimums. On the other hand, there are judges who will take your entire lifetime history into account in sentencing regardless of the look back period set forth in the code. However, if this were a first lifetime DUI, these concerns would not be an issue.
I would recommend that you contact a DUI defense attorney in this area. Most attorneys will offer you a free consultation and you can go over the specific facts of your case so that you can evaluate defenses and the cost of representation. If you have a copy of the incident report and any supplemental reports, bring them to the consultation as that would help both you and the attorney review your case. Please note that this answer is not intended to be legal advice.See question
I am in a custody case against my x-boyfriend,and he has a very lengthy arrest record.We are scheduled to return to court in late June of this year.I am wondering,how can I go about obtaining his full arrest record,how much does it cost,and what d...
You can obtain access to felony convictions of another without their consent. Below is the link to the GBI (Georgia Bureau of Investigations) website's frequently asked questions page.
Can I obtain a Georgia criminal history record of another person?
O.C.G.A. §35-3-34 (d.2) provides public access to felony conviction records without consent of the person whose record is being checked.
You can now use the Georgia Felon Search web site to verify if a person has been convicted in Georgia of a felony crime and if the conviction has been reported to GCIC. There is a fee of $15.00, payable by credit card only, for each transaction.
Law enforcement agencies also may provide felony conviction records for a fee not to exceed $20.00. The person’s full name, race, sex, and date of birth must be provided at the time of the request. With the person’s consent, a Georgia record, which includes Georgia arrests and convictions reported to the Georgia Crime Information Center, may be obtained. A signed consent form from the individual whose record is being sought must be provided to the local agency.
If you do not have an attorney in your custody case, you may wish to discuss this matter during a free consultation with a family law attorney who practices in this area. An attorney may be able to obtain consent for a full list of convictions, including misdemeanors, through court order or discovery. Please note, this answer is not intended to be legal advice. I recommend that you speak with an attorney experienced in this area of the law.See question
My friend got 3 DUI's within five years in Clayton County in Atlanta,GA, but no felony charges.Now she is(and has been) in work release for past five months and is done on May 2012.How long will it take to get their license back.
I agree with Attorney Gardner, the answer to your question depends on a lot of additional information from her cases. Also, as Attorney Ladd stated, she will be deemed a Habitual Violator by the Department of Drivers Services if she has had 3 DUIs within the 5 year look back period.
I have compiled some contact information for you below for DDS, but DDS will not speak with anyone else about her license without a written authorization faxed or mailed to the headquarters in Conyers, GA.
Driver's License Information
Check the Status of Your License
Contact Center Hours: M-F 7:00am - 5:15pm
• Driver's License/ID General Information, Hours, Locations, and Services (Option 1)
• Revoked/Suspended Licenses, License Reinstatement (Option 2 - 2)
• Lost/Stolen License, Automated Renewal Application, Internet Services (Option 3)
• Reservations for Automobile, CDL, Motorcycle, & Out of State Road Test (Option 4)
• Social Security Verification (Option 2 - 1)
• Commercial Driver's Licenses (Option 5) (404) 657-9300
- or -
1(866) 754-3687 Inside Georgia but outside the Metro Atlanta Area
Address for the headquarters in Conyers, GA.
Department of Driver Services
2206 East View Parkway
Conyers, Georgia 30013
Please note that this answer is not intended to be legal advice. You may wish to contact an experienced attorney in this area. Many attorneys offer free consultations and will go over the circumstances of this case and will give you an estimate of fees and costs.See question
NC property, jointly owned and just before he passed I had given him permission to sell. The sell did not happen. He passed. Now his mother beleaves it belongs to her. I have not seen a will or anything, what should I do if I want to sell?
If the property is in North Carolina, you need to consult with a North Carolina real estate attorney. You can often find an attorney both licensed in Georgia and North Carolina near Georgia's border with North Carolina. The attorney can obtain a copy of the vesting deed showing the joint ownership of the property and evaluate if there was any survivorship language between you and the deceased. It is possible that the two of you owned only as Tenants in Common. Also, some states have different rules about survivorship if the two of you were husband and wife when you took the joint ownership. An attorney licensed in North Carolina who handles real estate matters will know these rules. You can find excellent attorneys here on avvo that are licensed in North Carolina and handle real estate matters.
You also mention that you gave the deceased permission to sell the property prior to his passing. If you executed any written documentation concerning this permission to sell, you should get a copy for the attorney to review or let the attorney know if it was just verbal permission to sell.
Depending on the current state of the title, an attorney can advise you whether the title is clear and marketable. Make sure you do mention his mother and her belief concerning the property to your attorney so he has all the information to evaluate.
This answer is not intended to be legal advice. I am not licensed in the state of North Carolina. I recommend that you consult with an experienced real estate attorney licensed in North Carolina and ideally also licensed in Georgia. Most attorneys will offer you a free consultation or can discuss the matter over the phone and give you a cost estimate before you retain that attorney.See question
There was a checkpoint i was following a friend for directions ,but he made a left turn and went into an apartment complex all i did was follow him ,but the officer wrote me a ticket anyway!Will i go jail for this?I paid the ticket by the way !I ...
In answer to your specific question, if you plead guilty to an illegal u-turn by paying a fine, you will not later be sentenced to any jail time from that court.
Since you posted this under the DUI section, I have provided the remainder of this answer in case you have already plead guilty or have been found guilty of a DUI and are on a Limited Permit and probation.
If you are concerned about the consequences from probation with getting this new citation, it is very unlikely that your probation officer will be concerned that you received a minor moving violation and revoke your probation.
But you may not be aware that when you plead guilty to a moving violation while you are on a Limited Permit that the Department of Drivers Services will send you a letter within a few weeks revoking your Limited Permit and making you ineligible for early reinstatement for 6 months from the date you entered this guilty plea by paying the fine.
If you had an attorney in your original case, you should contact that attorney, or if you were previously unrepresented, you should contact a criminal defense attorney in this area. If you entered your plea by simply paying the fine, an attorney may be able to withdraw your guilty plea. I have written two articles posted on my avvo profile concerning this subject that you may want to look over for more information on the process of withdrawing a plea, http://www.avvo.com/attorneys/30024-ga-jodie-rosser-502834/guides.html. You will likely need an attorney to represent you in this matter. Many DUI defense attorneys offer free consultations and will go over your case with you. This answer is not intended to be legal advice.
I hope you are not in this situation, but if you are, the earlier you get the guilty plea withdrawn, the earlier you can get the limited permit back and move towards resolving this new citation while preserving your ability to get reinstated on your full license.
Just received a ticket for going 89 in a 79 mph multi-lane hwy. I have never heard of the super speeder law and now I am worried. I cant lose my license!!! Do i need to plea nolo on tic or jusy pay it? What is the best way to handle this with the ...
I agree with Attorney Procter. If the solicitor is willing to reduce the miles per hour over the speed limit, it can reduce points and avoid the Georgia Super Speeder fine. You should expect to pay the higher fine based on the higher speed- solicitors do not typically reduce both the speed and the fine. You should also know that those under 21 have different consequences to charges associated with 4 or more points. For different age ranges, under 18, under 21, and over 21, there are different rules for suspension of a license based on total points within a set time period.
I would recommend that you consult with an experienced defense attorney in this area. Most attorneys offer free consultations and can go over your case and your history to help you evaluate how to proceed. Often an attorney can negotiate a deal for you prior to your arraignment date and, if you have some history of speeding, can negotiate a better deal than you can get being unrepresented. This answer is not intended to be legal advice.
how does a pro bono lawyer work with the client?
Gwinnett County has a Pro Bono Project through the Atlanta Legal Aid Society, http://www.atlantalegalaid.org/. You may contact them to see if you qualify. The Gwinnett County Pro Bono Project also offers a list of attorneys who offer reduced rates for those who do not qualify for legal aid assistance.See question