Lance Warren Tyler’s Answers

Lance Warren Tyler

Suwanee DUI / DWI Attorney.

Contributor Level 10
  1. Charged with disorderly conduct, possibly bogusly. Any advice and help finding exact ordinance wording?

    Answered about 5 years ago.

    1. Lance Warren Tyler
    1 lawyer answer

    Athens-Clarke County Ordinances are located at MuniCode [http://www.municode.com/resources/gateway.asp?sid=10&pid=12400] I have copied and pasted the ordinance: Sec. 3-5-1. Disorderly conduct generally. Any of the following behaviors or activities shall constitute the offense of disorderly conduct and shall be punished as provided by section 1-1-5: (a) Any person who, without authority of law, purposely or recklessly obstructs free pedestrian or vehicular access to any public school...

    7 people marked this answer as helpful

  2. Arrested for DUI by city police officer who was outside his jurisdiction. State Patrol came after I was placed in police car but

    Answered almost 4 years ago.

    1. Lance Warren Tyler
    2. Phillip Darrell Kimbrell
    2 lawyer answers

    Please speak with your attorney about your concerns and doubts. If he/she cannot satisfy your concerns, let your attorney know that you wish to speak with another attorney before asking other attorneys to provide you with advice. Any attorney you meet with should know that you are represented and have your present attorney’s permission to speak with you about the case.

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Lance Warren Tyler
    2. Tim Michael Flaherty
    3. Ronald S. Pichlik
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  4. Are roadblocks constitutional?

    Answered almost 4 years ago.

    1. Lance Warren Tyler
    2. Elmer H. Young III
    3. John P. Yetter
    4. Maurice N Ross
    5. Andrew Daniel Myers
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  5. Is this considered a first offense?

    Answered almost 4 years ago.

    1. Lance Warren Tyler
    2. Elmer H. Young III
    3. Jessica Ruth Towne
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  6. 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

    Answered about 4 years ago.

    1. Lance Warren Tyler
    2. Jessica Ruth Towne
    3. Elmer H. Young III
    4. Phillip Darrell Kimbrell
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  7. Drug court

    Answered over 4 years ago.

    1. Lance Warren Tyler
    2. Elmer H. Young III
    3. David Ray Savoy
    3 lawyer answers

    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.

    6 people marked this answer as helpful

  8. Can i start my 4 month dui suspension right after my first recorders court hearing?

    Answered almost 4 years ago.

    1. Lance Warren Tyler
    2. Michael Jason Rhoades
    3. Mickey Grady Roberts
    3 lawyer answers

    In addition to the above responses, if you refused the state test and you were served a DDS form 1205, you may have your license suspended without the opportunity to get a work permit. If you refused the state test and your license was surrendered, you will need to resolve the administrative issue before entering any guilty plea on the DUI. Most DUI defense attorneys offer a free initial consultation. You should speak with an attorney about your case before entering a plea because the...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  9. What happens if you decline or refuse to take the breathalyzer test?

    Answered over 4 years ago.

    1. William Doyle Healan III
    2. Lance Warren Tyler
    3. Ayuban Antonio Tomas
    3 lawyer answers

    In Georgia there are two types of breath test. The first is a preliminary breath test (PBT) given on the road side. Usually an Alco-Sensor type hand held device. This breath test is entirely voluntary and you can refuse the PBT. If you refuse the second type of test, the State required test, the officer is required to place you under arrest for DUI and the officer must advise you of your implied consent rights under Georgia Law. If, after being arrested and read implied consent, you refuse...

    5 people marked this answer as helpful

  10. I took a breathalyzer that gave a sample of .052 and indicated a insufficient sample afterwards. Does this mean it's inaccurat

    Answered over 2 years ago.

    1. Kevin Aaron Chastine
    2. Wesley Kent Hill
    3. Lance Warren Tyler
    4. Sean Phillip Park
    5. Wayne Rodgers Foote
    5 lawyer answers

    The other attorney’s have given you some good answers; I would add a couple of things. If the officer took your license and issued a DDS Form 1205, you need to request a hearing within 10 business days or your license will be suspended after 30 days (the instructions are on the back of the DDS Form 1205). You will need to consult with an attorney to determine whether you are in a position to contest the DUI and to let you know how the ALS “refusal” suspension may influence your decision. You...

    2 lawyers agreed with this answer