In Georgia, all the cop needs is a reasonable suspicion that you are violating the law to pull you over. Having a tag light out, as trivial as it may be, can provide the cop with the requisite suspicion. Interview some local DUI lawyers to see how they would approach your case.
Depending on your record, the facts, and which particular court you are in, typical punishment could range from a fine to plead guilty, to a fine, alcohol abuse evaluation, community service, probation time, and more.
The prosecutor has discretion in handling cases like MIPs and you will want to hire a lawyer/apply for a public defender if you are looking for the best outcome. Remember, different pleas will affect your record different ways- you want to know how before you finalize anything.
You do have potential claims against this driver, Did this happen right here in Gwinnett County? There is some basic information the Gwinnett Police and other agencies will give out after reports are prepared. A basic accident report will tell your lawyer what was going on, who was cited, and should have good insurance information.
Have you spoken to the police yet? Yes, its a good idea to get an attorney before you talk about what happened with any law enforcement. There are alternatives to a hit& run charge when a situation like this is properly handled. Email me at firstname.lastname@example.org with more specifics for more information.
The DMV hearing in Georgia is actually an administrative hearing where the Georgia Dept. of Driver Services may potentially suspend your driver's license, depending on the outcome of the hearing. I would never attend one of these hearings without the assistance of a lawyer. You could be looking at up to a one year license suspension even on a first lifetime DUI in Georgia.
Call a DUI defense attorney in advance of your hearing. Get the ins and outs explained to you, and hire someone...
I agree with Attorney Proctor's answer. 99% of Reckless pleas from DUI require the same exact requirements. Fine, probation, dui school, alcohol and drug eval, possibly a MADD panel, community service.
State minimums are 12 months probation, dui school, 40 hours community service, an alcohol and drug evaluation and $300 fine plus surcharges. License to be suspended for minimum 4 months. Work permit may or may not be available.
Your husband needs a good lawyer to investigate his potential options as well as liability and any damages that exist. I would be happy to speak to him and point him in the right direction. Where was the accident?
There are really two breath tests commonly given in DUI cases in Georgia. The small, handheld one at your vehicle and the Intoxilyzer 5000, usually given back at a jail. Only after being arrested for DUI is an officer supposed to read you Georgia's Implied Consent Notice which demands that you take a breath or blood test. This is likely where your confusion is. It often happens you take a breath test at your car, then are arrested, then immediately asked to take another breath test....