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Lance Warren Tyler
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Lance Tyler’s Answers

60 total


  • Can I get a GA license while my GA DUI case is still pending? I'm military and have an out-of-state CA driver's license.

    GA seized my CA license and supposedly sent it to the Atlanta DDS. I have lived in GA for about a year for training. I will likely plead guilty to DUI Less Safe. Before I enter the plea, can I still get a GA license prior to the case disposition, ...

    Lance’s Answer

    You are in a tough and potentially confusing situation. A 180 day permit indicates the arresting officer attached the DDS 1127 - 180 temporary permit to your citation pending the results of the blood test. The officer may or may not have subsequently submitted a DDS Form 1205-S after receiving the results of your blood test. If the officer did not file a DDS Form 1205-S, you should be able to get a license prior to your plea (DDS does not hold your license, so you will need to request a license from your issuing state). If the officer did submit a DDS Form 1205-S, you should have received notice in the mail and you only have ten business days to request an administrative hearing. If you do have an administrative license suspension hearing, you should be able to enter into a consent withdrawal agreement with the officer to withdraw the administrative suspension. Once the administrative suspension is withdrawn and you have a license from your issuing state, you can convert over to a Georgia license before entering your plea. If the administrative suspension is already in effect, or if you enter a plea prior to withdrawing the administrative suspension, you will not be able to get a Georgia license until the suspension of your Georgia driving privileges has been completed. i would suggest you consult with a local attorney to help you navigate through this legal maze (as well as explaining the potential "Williams" issues concerning the admissibility of a blood test obtain via Georgia's implied consent law).

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  • I was stopped for dui took a blood test came back negative but had nordiazpam lower than the lowest calibrator do I need a lawye

    Was charged with failure 2 maintain lane as well and refused to take test was given one anyway

    Lance’s Answer

    I agree with Mr. Barber, you need a free consultation with an experienced DUI trial attorney in your jurisdiction. An attorney who knows the prosecutor can tell you whether you need an attorney at this stage or if you can wait until after first speaking with the prosecutor at arraignment. You also need to be aware of the DDS Form 1205/10 day letter requirement for refusing the requested state administered test.

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  • I have a warrant in wash st over a dui had to leave due to financial reasons and am now in ga need to know how to fix this

    i need to get my lic back so i can work but cant till i resolve this problem with the dui which is effecting my child support to how do i go about this in another state?

    Lance’s Answer

    You may want to repost this question to Washington State DUI attorneys, listing the city/jurisdiction of the court your case is in. Sometimes a local attorney will have the connections to recall a bench warrant and enter a plea in Absentia (without your presence). I am resolving a 6 year old bench warrant on a DUI for a New York resident tomorrow in a local city court and my client will not have to return to Georgia.

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

    I was pulled over by an Atlanta police officer for failure to use a turning signal when switching lanes on a 2 lane road. I was avoiding a pot hole because this particular road is doing major construction for Georgia Tech. So he asked me if I had ...

    Lance’s Answer

    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 may have medical defenses to the inference of refusal, but you still need to have a DUI defense attorney review the other evidence, including the officer’s scoring on the field sobriety evaluations (See my article of field sobriety evaluations for a better understanding of what the officer is looking for).

    In short, you need to consult with a DUI attorney. I suggest you consult with a couple, but make sure the consultations are free. Most DUI defense attorneys will give you a free 10 day letter to request the ALS hearing.

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

    This is my first offense dui, and i am in georgia. My recorders court hearing is on january 27, 2011, can i go ahead and plead guilty at this hear and go ahead and start my 4 month suspension?

    Lance’s Answer

    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 administrative license suspension can get very complicated.

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

    his statement states he was the one who arrested me. I did not make contact with Patrolman until we were at city facility. This happened 18 months ago. Today, my 3rd court appearance, and my attorney had never received discovery. He gets it in cou...

    Lance’s Answer

    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.

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  • How can I find out if my liscence is suspended

    If I skiped court for a dui in georgia can I fix it in texas

    Lance’s Answer

    Call DDS at (678) 413-8600. Follow the prompts for license suspension questions. Expect to be on hold for about 15 minutes and have your license number ready.

    You need to speak with an attorney about your case. Most likely you will need to appear, but depending upon which court your case is in and which judge you have, it may be possible to handle part or all of your case in absentia from Texas.

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  • Am I eligible for a hardship license if I refused all testing for a DUI and it's my first conviction if I plead guilty?

    I am not able to retain a lawyer and my court date is tomorrow. This is will be my first conviction if I plea guilty, and I did send in a letter to the DDS to request an admin hearing and paid the fee. I have heard nothing from the DDS, which I fi...

    Lance’s Answer

    First, you should seek an attorney to help you through this process. If you do not, and you are proceeding without counsel, you need to make sure the administrative license suspension issue is resolved before entering any plea of guilty to DUI or you could find yourself facing a “hard” suspension. It is usually very easy to continue your case until after the ALS hearing; just let the prosecutor know why you need time. If you are over 21 years of age, on a class C Georgia license and this is a first DUI arrest, at the ALS hearing, you can tell the officer you will enter a plea of guilty to DUI in exchange for his/her withdrawing the ALS refusal suspension and enter a “consent withdrawal.” I am not advising you what to do in your case, or whether a plea of guilty is the best route. But, if you meet the other requirements, the license suspension associated with a guilty plea is soft, meaning you may be eligible for a work permit and early reinstatement. The license suspension for refusing the test is “hard,” meaning no work permit, no early reinstatement and no driving. If you do decide to plead guilty to DUI, be sure to ask the judge for a certificate of first conviction to use to get a work permit from DDS. Again, it is better to meet with an attorney to review the facts in your case and to review the steps and issues involved with your situation. There are a host of exceptional attorneys listed on AVVO. Good Luck!

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  • I got a DUI this past weekend and blew a .101 at the station. I plan to fight the case. My 1st court date is 1 wk, Two questions

    1) What are my chances of winning? (generally) 2) I plan to take a DUI class this weekend(so within a week) and begin community service asap. Is this beneficial, hurtful, or no effect?

    Lance’s Answer

    Every DUI case is different. Most DUI defense attorneys offer a free initial consultation to discuss the very same questions you are asking; only they are able to obtain the specific facts in your case to provide you with a better, more accurate answer. Before making the decision whether to contest your DUI, you should consult with at least one and probably more attorneys. The completion of the DUI risk reduction course is a good idea. If you are successful in challenging the DUI, there is a possibility the prosecution will offer a reduction to a lesser offense, but still require the DUI risk reduction course as a condition of the negotiated sentence.

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  • Can someone tell me the best options for getting my Underage Consumption by Possesion lessoned or dropped alltogether?

    I as well as some other friends were pulled over on New Years Eve. I wasn't driving and the driver as well as everyone else in the car tested negative for alcohol. The asked me if i had had anything to drink that afternoon. (Note they did not ask ...

    Lance’s Answer

    There are several defenses to underage possession resulting from an admission of drinking and odor of alcohol. Keep in mind that the state can convict based upon circumstantial evidence. The simple truth is, just because you never admitted the "drinks" were alcohol, it does not mean the state can't prove you were drinking alcohol. The state will have a much more difficult time proving the alcohol was not legally consumed pursuant to O.C.G.A. 3-3-23(c).
    There are various programs, as mentioned above, which can result in no conviction on your record. Depending upon what you need accomplished, there are several options. You should consult an attorney in your area. GOOD LUCK!

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