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Lance Warren Tyler
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Lance Tyler’s Answers

60 total


  • I received a DUI in Georgia in 2008. I have not went to any court dates; therefore a warrent has been issued.

    I would like to know what is the first step I need to take in solving this matter without going to jail.

    Lance’s Answer

    There should be a pending bench warrant for failure to appear. You may contact the court to see if you can walk in, but if the bond has been forfeited, you will need to post a new bond or be held in jail until a new bond is set. You should seek a free initial consultation from a local established DUI defense attorney who may be able to set a walk in date and have the case moved forward.

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  • Are roadblocks constitutional?

    My son was driving 3 friends who were impaired home. He had one beer....hit a roadblock. Son admitted to the beer, all 4 are 20 yrs. old. He agreed to a breathalizer, and passed, the others did not pass. He realizes that he should not have had t...

    Lance’s Answer

    The answers above are correct. Whether a roadblock meets constitutional muster is an issue of fact which, upon motion, must be established by the state. The second part of your question will require more information from you or your son. Whether your son has a chance of beating the minor in possession charge will depend on several factors. There is an exception to the law prohibiting minors from possessing alcohol. There may also be factual issues for defense. To give you a better idea of the likely sentence, if your son is convicted, you will need to identify the specific court. It would be a very good idea for your son to meet a local DUI defense attorney for a free initial consultation.

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  • Is this considered a first offense?

    A friend of mine crashed his car on a tree while driving home. When the police arrived he blew a 0.209 and was arrested . He has another DUI in Alabama 12 years ago.

    Lance’s Answer

    The “DDS look back period” is 5 years. The "mandatory minimum look back period” for subsequent DUI arrests is ten years. Since this arrest will count as a 1st in five, 1st in ten, 2nd lifetime DUI. As long as your friend has a Georgia class C license, he will be eligible for a "work permit" and early reinstatement of his license. If he has a license from another state or if he has a CDL, he will be suspended and/or disqualified for one year. You should let your friend know that the prior DUI conviction is still likely to be used as a factor for enhanced sentencing. He needs to consult an experienced DUI defense attorney.

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  • Can they do that?

    I was arrested for 2nd DUI during probation. I got pulled over for failing to maintain lain and doing 58 in a 45 zone. -Failed to maintain lane because I dosed off. -Passed the field test -Did not refuse the chemical test. Officer stopped the ...

    Lance’s Answer

    Your question is, "can they do that?" The short answer is, yes, they can.
    Speeding, more than 10 mph over, gives the officer reasonable suspicion to stop you. Failure to maintain lane, by itself would give the officer reasonable suspicion to stop you. Even if you have other explanations for why you were failing to maintain lane, the officer can use it, along with other physical manifestations of impairment, as a bases for arrest.
    Many people believe they "passed" the fields, but few know the scoring criteria. The officer is not looking for the things you think he or she is looking for. Since you do not feel Horizontal Gaze Nystagmus (HGN), you cannot possibly know whether the officer observed it and to what extent. The officer typically will not tell you how you scored on the “walk and turn” and “one leg stand.” The walk and turn has a total of eight scored clues and walking in a straight line is not one of them. The one leg stand has a total of four clues. For a further explanation of the standardized field sobriety evaluations, please see http://www.avvo.com/legal-guides/ugc/understanding-the-standardized-field-sobriety-evaluations
    Whether you refused the state administered test is a question of fact. Often people get the preliminary, non-evidentiary field breath test (PBT) confused with the state evidentiary breath test. If you gave one good breath sample in the state test, you did not refuse. If, on the other hand, your sample was insufficient and you refused to give another sample, or if the sample you gave was the PBT and you refused to give another sample, it will be counted as a refusal. The issues here are complicated and you should have an experienced DUI defense attorney review the facts in your case.
    Misdemeanor bond is usually set by schedule; you had a bond, even if you didn’t know it. The jail does not have to give you your cell phone, even to extract phone numbers to call people. The inmate handbook is almost always outdated in any jail in the state and you have no right to have them provide current information. Basically, jail is a frustrating and often scary place, but the issues you had there are not likely to be a factor in your DUI defense.
    The real question you need to ask is can I beat this DUI? The answer is you need to have a DUI defense attorney review the facts in your case. The basis for the stop, the field sobriety evaluations, the request for the test, your health, history, physical condition, whether and how much you actually drank, the training and experience of the arresting officer and other specific facts surrounding your DUI arrest will be determinative.

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  • DUI in 2005 In Ga. Moved to Texas. 2008 went to Ga for court. Probation stayed in Ga and did class in Texas. Texas sent a letter

    saying not Excepted must do in Ga. What do I do? I don't live in Ga.

    Lance’s Answer

    You do not provide enough information concerning your qustion. Is your question regarding how to meet a condition of your Georgia probation? Or are you attempting to clear up a license suspension? What is the class you're required to take? And which court sentenced you? If you are trying to satisfy a condition of your Georgia probation, depending on which requirement you are trying to satisfy, a motion to modify your sentence may be used to clear up your issue. If you are seeking to clear up a license suspension, you will need to provide the state of issue, class/restrictions on the license and the current status of your license. The more information you provide, the more informative the answers will be.

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  • I was charged with DUI less safe at a road block. I thought I passed the roadside tests but was told I didnt. State BAC was .072

    What are my options. I realy dont want any charge on my record that will effect my insurance. This was all in G.A.

    Lance’s Answer

    If you are over 21 years old and driving a personal vehicle (not a commercial vehicle), your blood alcohol concentration (BAC) of 0.072 has a neutral presumption of impairment. The state will have to prove you were under the influence to the extent you were less safe to drive. Most “roadblock” arrests do not have any evidence of actual unsafe driving, so the state will be depending on the results of the field sobriety evaluations and physical manifestations of impairment (which should be marginal at best). You need a local DUI defense attorney to get the best results. Avvo is a valuable resource for finding the attorney you need.

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  • Is there a time limit on how long the state has to set a trail date after a prelim hearing for dui?

    Had a dui prelim hearing on the 12th of july and have not recieved a court date yet

    Lance’s Answer

    If your case is before Lawrenceville Municipal Court or Gwinnett Recorder's Court you should have received a court date before you left court unless you bound it over to State Court. If you bound it over to State Court it will usually take between 4-6 months for them to set a new arraignment date and send you notice by mail. If your case is before another court, you will need to contact the court or consult an attorney to assist you in determining the status of your case. Once a case is charged/accused the statute of limitations is tolled and you will need to file a motion for speedy trial to limit the time the State has to move forward on the case. Unfortunately, filing a motion for speedy trial may have adverse consequences. You should consult with an attorney to review your case.

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  • I was arrested for a dui in georgia. I performed the field sobriety test and breath tests resulting in a 1.63 BAC. I asked

    for a blood test at the hospital. Four hours plus went by before they performed the blood test. My blood test results were .06. Is there a legal amt of time that a blood test needs to be perforemed? The doctor also asked how long it had been since...

    Lance’s Answer

    The above attorneys have given you good advice. You need a DUI defense attorney. The blood test results can be used to challenge the accuracy of the breath test. There is also the possibility your request for a blood test, and the manner/timeliness of the officer's compliance, may raise an issue regarding the admissibility of the breath test. You need an experienced DUI defense attorney to review your case.

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  • How does it work if you get two dui within 3 weeks

    what if anything can be done to make them into one

    Lance’s Answer

    Mr. Young and Ms. Towne are right. I've done it in a couple of cases and I've been unable to do it in a couple of others. Whether you can negotiate two DUIs down to entering a plea on one DUI will depend on a multitude of variables including, the facts of each DUI, which court and/or divisions your cases are pending, and of course, who you retain as counsel. You need to hire an experienced DUI defense attorney who practices in your area and you need to do so as soon as possible.

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  • Does Implied Consent mean the breathalizer. What is officer refused to give you breahalizer or FST if you requested?

    Does the officer need to have video of the car accident if that is the reason you were arrested for DUI?

    Lance’s Answer

    As Mr. Young explained above, Implied Consent is a complex issue which allows the officer to request a test of your blood, breath, or urine after first placing you under for DUI arrest (or having probable cause to believe you were DUI in some cases). The officer is not required to administer field sobriety evaluations or to administer a preliminary breath test (Alco-Sensor) prior to arrest, even if you request it. Only after first submitting to the requested state test, are you are entitled to an independent test at your request. You should consult with an experienced DUI defense attorney to see whether there are "implied consent" issues which could be used to your advantage in your case.

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