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Lance Warren Tyler

Lance Tyler’s Answers

60 total

  • What can happen with an open container ticket? can i lose my license?

    i was outside a club with some friends and had a beer in my hand. But the beer was not mine. it was my friends which was 21 i was holding it for him while he ran to his car to get his ID. the cop approached me and gave me a ticket for "open contai...

    Lance’s Answer

    The Department of Driver Services lists the following grounds for Under 21 Years of Age License Suspensions:

    The driver's license of any person under 21 years of age convicted of any of the following offenses shall be SUSPENDED:

    1.Hit and run or leaving the scene of an accident in violation of Code Section 4-6-270.
    2.Racing on highways or streets.
    3.Using a motor vehicle in fleeing or attempting to elude an officer.
    4.Reckless driving.
    5.Any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57.
    *Unlawful passing of a school bus.
    *Improper passing on a hill or curve.
    *Exceeding the speed limit by 24 miles per hour or more.
    6.Purchasing an alcoholic beverage.
    7.Driving under the Influence.
    8.Aggressive Driving, Code Section 40-6-397. (Item #5)
    9.Misrepresenting age for purpose of illegally obtaining any alcoholic beverage (3-3-23 (a) (3)).
    10.Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage (3-3-23 (a) (5) ).
    11.The driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points within any 12 month period.

    Simple possession of alcohol by a minor is not a suspendable offense, but as mentioned above, "open container" usually applies to the charge of driving with an open alcoholic beverage, not simple possession, and if the court improperly records the charge and reports a conviction for operating a motor vehicle with an open container, your license may be suspended for 120 days. If you proceed without representation, make sure the proper charge is recorded and not the charge of "open container." You may also seek to have the offense charged as a local ordinance violation instead of a state charge and request the clerk not report the violation to DDS.

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  • Drug court

    i just joined drug court and i was wondering if there is any way i can get out of the program with time serve or just probation

    Lance’s Answer

    If you post the specific drug court program you are completing, a local attorney may be able to tell you where you stand in relation to withdrawing from the program. Most drug courts require you enter a plea before accepting you into the program and you may want to review with an attorney the consequences of withdrawing from the program as well as whether you can or should withdraw your plea.

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  • DUI conviction but he passed all field sobriety tests and there is no evidence as the police officers car camera doesn't work.

    To me, this sounds a little bogus. My boyfriend plead not guilty to a DUI because he wasn't under the influence of anything. The arresting officer was extremely rude and forceful. My boyfriend passed all of his field sobriety tests. In court, th...

    Lance’s Answer

    Your boyfriend should consult with a DUI defense attorney who practices in your area. Depending on the facts in his case as well as the time frame of his plea, it may be possible to withdraw the plea and contest the DUI. Whether that will makes things better or worse is something an attorney can advise during a consultation.

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  • Can I drive on a DUI Citation?

    I was told by someone that I could in fact drive in my county as long as I obeyed the traffic laws. However, last night I was told I could only drive on the citations for 30 days.

    Lance’s Answer

    You should not be in the position of having to drive on your copy of the citation. If you were driving on a Georgia license and refused the State test or if your BAC was over the per se limit (0.08 for over 21), the officer should have attached your license to a DDS Form 1205 notice of suspension and 30-day temporary driving permit and served you with a copy to drive on. If you submitted to a blood test and the results were unknown, the officer should have affixed a DDS Form 1127 sticker to your copy of the citation as a temporary driving permit. If you submitted to the State test and your BAC was under the limit, you should still have your driver’s license. If you had an out of state driver’s license it should have been returned to you or attached to the DDS Form 1205. A copy of a DUI citation, absent a temporary driving permit, is no substitute for a driver's license.To determine what you should do about driving while your case is pending, you should consult with an attorney to determine what should be done to protect your driving privileges in your specific case.

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  • What happens when having 1 DUI charge and 2 reckless driving charges in 3 years?

    My brother was convicted of a DUI in January 08', and received a reckless driving charge in 08' that the incident happened in 06'. He now faces another reckless driving charge in 2010. What is he looking at in terms of sentencing? He has already c...

    Lance’s Answer

    There is a lot more information needed to answer this question. Assuming your brother is over 21 years of age and is on a class C Georgia license (if that is not the case, the response is different), the maximum penalty for reckless driving is 12 months in jail and $1,000 fine and a conviction will result in 4 points on his license. What a judge will actually sentence him to will be determined by the judge and the facts surrounding this arrest as well as his priors (whether this or the other reckless charge were actually DUI charges reduced to reckless driving would be one of many factors). In short, your brother should consult a local attorney who can evaluate his case and advise him after having reviewed the facts and circumstances specific to his situation.

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  • If the dds suspends yours d.l and you win your criminal case, what do you have to do to get license back?

    can't get no info on my license

    Lance’s Answer

    If your license was administratively suspended for refusing the State test or for having a blood alcohol concentration (BAC) over the limit and you “win” the DUI criminal charge (acquitted or nolle prossed), you should be able to terminate the suspension and have your driving privileges reinstated by providing DDS with a certified copy, front and back, of the original citation as well as a certified copy of the final disposition in the case (you may need to go to DDS headquarters in Conyers to find someone who can help you). If the suspension was the result of some other cause, you should contact DDS at (678) 413-8500 ext 2/2 to find out more about your suspension and reinstatement.

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  • My son is 20 yrs old. cited drinking at home. Does he need a lawyer

    He lives with his girlfriend(19). He had had some of her wine (blew .04). She became sick and had to call 911. They were going to arrest him but didn't after the test was given. It was later determined that her Potassium was low and the combin...

    Lance’s Answer

    In typical attorney fashion, the answer is maybe. Your son should find a local attorney who offers a free consultation so he can be advised of his options, the likely consequences and any possible defenses. If your son elects to proceed without an attorney, it is still a very good idea to have some information concerning what he can expect and what to ask for when talking with the prosecutor.

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  • If I got 2 DUI's three yrs ago in one state and was arrested recently for another in georgia what might the reprocussions be?

    Can it count as a third DUI if I didn't take any of the administered sobriety tests except blood pressure?

    Lance’s Answer

    A 3rd DUI conviction within 10 years is a high and aggravated misdemeanor in Georgia. Minimum mandatory sentence of 15 days in jail, 12 months probation, 240 hours community service, $1,000 fine and additional requirements. The maximum sentence is 12 months in jail and $5000 fine. Usually the sentence is somewhere in between and is dependent upon the court, judge and the facts in your case. In addition, if you are convicted of a 3rd DUI within 5 years, you will face a 5-year revocation of your driving privileges (if you are under 21 years of age there are additional considerations). After 24 months you may be able to apply for a restricted license with ignition interlock. There are additional issues and requirements and you should consult a DUI defense attorney in your area to discuss your options in your case.

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  • I'm guity of one dui but not the 2nd one, what most likely going to be my charges?

    My first dui wasn't a real one I wasn't drinking and the officer knew that so he didn't do any tests to prove on the record, but he still charge me for that and took my license. Then a month later I got pull over but that night I was driving and ...

    Lance’s Answer

    If I read this correctly, you have two pending DUI arrests. One in which you did not do field sobriety evaluations and a 2nd arrest where you did do field sobriety evaluations. You did not indicate whether you submitted to the state requested test of your breath, blood or urine and you did not indicate whether you were charged with DUI alcohol or another DUI charge (like DUI Drugs). I do not know if you are under 21 years of age or whether you have a Commercial Driver's License (CDL). A first DUI has a maximum possible sentence of 12 months in jail and $1,000 fine and a mandatory minimum of sentence of 24 hours to serve, 12 months probation, 40 hours community service, alcohol and drug evaluation, DUI risk reduction course and a $300 fine. Typically the sentence will be somewhere in between the maximum and mandatory minimum sentence with fines around $600-$800 plus surcharges for a first offense. A second DUI conviction has the same maximum sentence, but a stiffer mandatory minimum sentence, including more jail time. In addition to the court sentence, there is a license suspension if you are convicted of DUI; 12 months on a first DUI and 3 years on a second DUI conviction within 5 years. There may be a way you can obtain a work permit for part of the suspension(s) and early reinstatement. In addition to the suspensions for any DUI conviction(s), you may have an administrative license suspension resulting from your first arrest and other charges stemming from driving while your license is suspended after the first DUI arrest (if your license was suspended pursuant to a DDS Form 1205 Notice). You need to consult with an attorney to determine your options in contesting your DUI arrests. Any sentence will be dependant upon the court, judge, and specific facts in your case.

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  • If i have four DUI's on my record but they were over fifteen years ago, can they use that against me in court for this recent DU

    I was arrested last night for DUI, speeding, and failure to maintain lanes. I have four other DUI convictions, but they were from over fifteen years ago. Can they be used against me? Also i refused all tests.

    Lance’s Answer

    Ms. Frye is right; you will not be treated as if this were a first DUI. The "look back period" for prior DUI convictions is only ten years for the purpose of mandatory minimum sentencing, but that doesn't stop the solicitor from trying to use your priors against you in trial. And it won't stop a judge from considering your priors during sentencing if you plead guilty or are convicted. Where you have refused the fields and the state test, you should consult with a DUI defense attorney (and Rick is an excellent one). You should also prepare yourself for the possibility of having to go to trial.

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