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Lance Warren Tyler
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Lance Tyler’s Answers

60 total


  • My DUI was reduced to reckless driving. I did not blow. Will my license still be impacted by the lesser charge?

    I did not blow at the scene took field sobriety and was charged with dui. The charge was reduced to reckless driving in Administrative court. Will my license be impacted?

    Lance’s Answer

    You will need to look closely at the order from the Administrative hearing. Often the officer agrees to a consent withdrawal of the administrative "refusal" suspension in exchange for a plea of reckless driving or, if not reckless driving, then guilty to DUI. The ALS agreement will not be binding on the solicitor in criminal court and they s/he may not agree to reduce the DUI to reckless driving. If that is the case, you have agreed to plead guilty to DUI which will impact your license, but on a first offense, over 21, Georgia class C license, the suspension will be soft (meaning eligible for work permit and early reinstatement). If the wording was changed to read, a plea to reckless driving or NOT guilty to DUI, then you will still have to see whether you can beat the DUI or get it reduced to reckless driving. If you have already pled in criminal court to reckless driving and the officer withdrew the ALS suspension, then the above is correct; reckless driving is a four point violation and a NOLO plea for over 21, Georgia class C license will not result in points. Under 21 drivers will still have a license suspension based upon a reckless driving conviction and cannot avoid the suspension by pleading Nolo.

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  • What is manditory minimum for a first offense dui in georgia blowing a .21% on a breathalizer?

    I got pulled over in Georgia with an Alabama lisence for improper lane change and got a dui for blowing a .21% on a breathalizer.What is manditory minimum punishment and will i lose my lisence?

    Lance’s Answer

    In addition to the above mandatory sentence, your driving privileges in Georgia will be suspended for one year and Alabama has a 90 day license penalty for a first (out-of state) DUI. If the officer gave you a DDS Form 1205 temporary driving permit/notice of intent to suspend, your driving privileges in Georgia will be suspended in 30 days unless you request a hearing (see the back of the DDS 1205 form) within 10 business days of your arrest.

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  • What are the consequences for lying on a police report in GA?

    A prescription was stolen from my parents. They know who did it but told the police they didn't want to press charges against the person. Police told my parents by filing a police report they WERE pressing charges. So the cop suggested they put...

    Lance’s Answer

    In the facts you have outlined, the UCR "police report" is completed by the officer, not the parents, so any charge of "lying on a police report" would be administrative in nature (the department could give the officer some administrative discipline such as a written reprimand or suspension). The threat of prosecuting or withholding prosecution of a criminal offense may be a violation if it is done for some benefit, but if it is parents trying to help their child, it is unlikely they would be prosecuted, On the other hand, the person who stole the prescription (depending on the medication) could be charged with a felony offense. It sounds like the person who stole the prescription caught a huge break. If the officers had listed the suspect in the police report, the prosecution for the offense would be within the District Attorney's discretion. Neither the parents nor the officer would be able to stop the arrest and prosecution of the offender.

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  • Is 3 dui's considered a felony in the state of georgia?

    This is from an out of state transfer from Texas.

    Lance’s Answer

    A third DUI within ten years is a high and aggravated misdemeanor with serious repercussions to your license and mandatory jail time. Driver's under 21 years-of-age may be notified of Habitual Violator status for 3rd DUI conviction within five years. Anyone charged with a third DUI should consult with a DUI defense attorney as soon as practicable.

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  • What do you legal pros think of the DUI court program?

    Charged with my 2nd dui in 5. I have a lawyer...he says the dui court program isnt the best route to go ...and told me I should just go to AA and my own choice of treatment before my trial date and to do some community service before I go ...so we...

    Lance’s Answer

    Trying to get other attorneys to second guess your attorney's advice, especially with even less information about the specifics of your case than you have disclosed to your attorney, is foolish. And it would be unethical for an attorney to advise someone who they know has retained counsel. If you are unconvinced of your attorney's advice, consult with him or her to resolve your concerns.

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  • On probation

    im on probation in douglas county and im bout to go to court for a new charge in austell will i go to jail???

    Lance’s Answer

    You need to consult with a defense attorney experienced in the court where you were originally sentenced (Douglas County) to probation (if you hired an attorney to represent you on the original charge, you may want to call him or her first). The probation violation is likely to be much more serious than the penalties for a second arrest for misdemeanor possession, depending upon how much time you have left to serve. Usually a probation violation requires a local attorney who can advise you on what a specific probation officer will allow (walk in, arrest, etc.), what probation is likely to recommend to the judge and what your judge is likely to do with it.

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  • In Georgia what is meant by less safe? Isn't being .08 classified as over the limit and DUI?

    Can you be charged with DUI for being less safe or is there a separate charge? What are the consequences of being charged with less safe?

    Lance’s Answer

    Bob is absolutely correct. What a lot of people don't realize is that you can be charged with DUI less safe even when you submitted to the state test and your blood alcohol concentration was less than .08.

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  • I was recently arrested for a 2nd DUI in GA (1st - 2007),Refused Sobriety Tests

    I was recently arrested for my 2nd DUI in GA (pulled over for running a red light and wrong way driving) My 1st was in 2007, I plead guilty. Upon advice from my lawyer that time, I refused the field tests this time. Can you please tell me what t...

    Lance’s Answer

    Robert is absolutely correct. You need an experienced DUI defense attorney and you should interview more than one before making your decision.

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  • First DUI offense questions

    1. What kind of expenses should I expect with a first DUI in Fulton County(driver age 30 yrs and no previous offense of any sort)? 2. Does the DUI stay on your record forever?? 3. What to expect with the first DUI offense? Meaning what pr...

    Lance’s Answer

    You should take advantage of a free initial consultation offered by any number of DUI defense attorneys to get fact, court and case specific information.

    There are studies to predict the long term cost of a first life time DUI. If that is not a consideration, the immediate expenses you should expect are a fine somewhere between $600-$1,000 plus court surcharges, 12 months probation with a monthly supervision fee (usually $44 an month), DUI Risk Reduction Course (about $250), Alcohol and Drug Substance abuse evaluation and any recommended treatment (all at your expense), and work permit ($25) and license reinstatement fees ($200-220), There may be additional costs depending on the facts in your case. You asked about expenses, but you should already know there is likely to be jail time as well. If you have been charged with additional charges, such as Failure to maintain lane, speeding, etc, you may have additional fines and probation. If your reluctance to consult an attorney is that you cannot afford one, you should apply for a public defender to help you through this.

    In most cases, a DUI conviction will always be on your record. It does not go away after a period of time like points on your license.

    At arraignment you will enter your plea (guilty, not guilty, nolo contendre). If you plead guilty or nolo, you can be sentenced. If you enter a plea of not guilty, you will receive a new date.

    If you are contesting the DUI, you should hire an attorney.

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  • Need advice... Few questions about getting a GA DUI

    I got pulled over for failure to maintain lane and failed the field sobriety tests and the breathalyzer. I blew a .160 and got the intent to suspend notice. I mailed a letter and am waiting to get a date for the ALS hearing. Do I need a lawyer ...

    Lance’s Answer

    Short answer: You should consult with an attorney on your case. Whether you retain one depends on several factors an experienced DUI attorney can discuss with you.
    If you are contesting the administrative suspension or the DUI, you definitely need a lawyer to represent you at the ALS hearing. If you decide to plead guilty to the DUI rather than contest it, you can appear at the hearing and complete a consent withdrawal (whether this is to your advantage is case specific and you should at least consult an attorney before making the decision).
    Whether you can "get out of this charge" is fact specific. If you decide to plead guilty without consulting an attorney you are basically deciding to plead guilty before you find out whether you can beat the DUI.
    Your arrest and, if convicted, your conviction are public record. Your job could find out about it any number of ways.
    Random drug and alcohol screens are a common condition of probation in a DUI.
    Whether you do community service or complete DUI Risk Reduction before court will depend on what you are doing and where it ends up. In Gwinnett County, there are judges who do not accept community service and will sentence you to the county work alternative program (which means your community service will not count towards your sentence requirements).

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