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James Rodney Hamilton

James Hamilton’s Answers

44 total


  • Please help. I'm on HV due to One DUI in 06 convicted on 08 .Due to two minors in car under 14 at time.

    I'm a single father that though I wasn't truly bad off IMO but none the less even after sleeping 4 hours made bad decision to bring them with me not to leave them alone to get my work phone left at friends house ..Anyway I got pulled over. 1 DUI n...

    James’s Answer

    A very cautious answer to your question, given the lack of critical information, is that the code does allow you to apply for a probationary license. You should see a local attorney, and be able to provide, at a minimum, a copy of your MVR ( available from your local sheriff) and a copy of your GCIC. If everything is clean, you should be eligible now for a license (temporary only) to allow you to go to work, etc.

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  • Alabama license, Georgia DUI.

    Hello, I am a 35 year old ALABAMA resident with no criminal record. I was arrested for DUI in GEORGIA. I submitted to all roadside tests and the one at station. However, the one at station, to my knowledge, was not working right ...

    James’s Answer

    Georgia will control the criminal aspects of your punishment. Alabama will control the status of your driver license. Georgia can suspend your privilege to drive in Georgia, but cannot control your Alabama driving privileges. I further agree with the person who suggested that you contact Mr. Trapp, he is a great DUI lawyer in that general area of the State.

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  • My son is alcoholic and has 2 DUI's. Is there any way I can get his probation officer to require court ordered rehab?

    He will not seek help on his own. He has no job or income so he cannot afford to pay his fine monthly, What will they do if he cannot pay the fine.? He is a good liar, so we don't know when he is telling the truth. He is almost 40 years old and ...

    James’s Answer

    Many times in Georgia, a revocation hearing involves negotiations with the probation officer and prosecutor. There may be a rehabilitation court (DUI Court or mental health court) in your son's jurisdiction. If that is an option, these have a good success rate in controlling addictions/addictive behaviors. You might check with the local court to see if they have any of these programs.

    Unfortunately, by continuing to do anything to support his actions, you may be further enabling his behavior. Check with your local court's victim assistance office to see if there are any free or affordable counseling services that you might be able to involve in, so that your family can better deal with the difficulties of a family member who has addictive behaviors such as you describe.

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  • DUI court program Forsyth county ga

    Im just about to start in the DUI court on august 19th is my plea date........my concern is this I take a medication that is based 67% alcohol its a gel I have to put on every day ...It effects me in the fallowing ways I dont have joint pain Im no...

    James’s Answer

    You are correct, the ETG test is extremely sensitive. If you have a lawyer, make certain that they are present at your screening, and address your concern. The Court should not force you to stop a necessary medication, however, they may attempt to help you by seeking a substitute medication that won't endanger you for a positive screen result. It is critical that you make sure that everyone is aware of your need for the medicine.

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  • My parents live in Florida and there they are having a series of workshops (Workshop Helps Felons Get Rights). Viewed 5 times.

    My parents live in Florida and there they are having a series of workshops (Workshop Helps Felons Get Rights). This is to have the records expunged or sealed. I was wondering if this would be available in Georgia. When you hear felon, you think of...

    James’s Answer

    Did you plead under the First Offender Act? If so, then adjudication has been withheld, and you do not have a conviction unless and until there has been a finding, either by the Judge, or there is an administrative adjudication by GCIC due to a subsequent conviction.

    Technically, under First Offender, you have not been convicted while you are successfully completing your probated sentence. You should ask your probation officer whether or not you have a conviction, or delayed adjudication.

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  • Can i get a pasport with a felony or do i need to get it reduced to a misdemeanor/exspunged from my record first?

    I was 17 in 1998 in the state of GA i got charged with "entering an auto" the sentence was 90 days in gwinnett county detention center and 4 yrs. felony probation. iwas concidered an adult at the time. but later found out GA raised their legal age...

    James’s Answer

    The more pertinent question is whether or not the country you wish to visit will accept you with a felony conviction on your record. Many countries will forbid you from entering their sovereignty if you ever been convicted of what they consider a felony. I would suggest you contact your local Sheriff to get a copy of your GCIC (criminal history) to determine how it shows the resolution of your case. You should also contact the embassy of the nation(s) you wish to visit, to see if there are any specific requirements, such as requesting a waiver or special permission.

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  • I am on Pretrial Intervention Program in Georgia, would a Red Light Traffic Camera violation be an infraction?

    I am on a pretrial intervention program in georgia for misdemeanor charges, today while driving in a car registered to my father I, by accident, ran a red light that has a camera. Will this be a violation of my pseudo probation? Or since the car i...

    James’s Answer

    It should not, however, a lot depends on your situation. For example, are you being supervised or monitored by a probation officer, or clerk, etc. ? Some supervisors might be more inclined to "violate" you. Generally, only an actual arrest will cause you problems. Additionally, the redlight camera ticket will actually issue against the owner of the car, not the driver.

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  • I'm a Georgia resident and have a misdemeanor marijuana possession charge pending in Alabama.

    I'm a first offender (completely clean record) in my late 40s and have signed pretrial aversion papers with my Alabama attorney, who said he would 'try' to make it possible for me not to have to attend the hearing. He was successful in delaying th...

    James’s Answer

    If you hired an attorney, why are you questioning his direction? He would not have told you to appear if he did not know that you have to be there.

    Many times, we will try to have an out-of-state client excused from going to Court. However, when the Court says that you must appear, it means that you must be there in person.

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  • Crisp County, Georgia violation of probation. Is it possible to be reinstated and have the probation transferred to florida?

    My girlfriend got 10 yrs. paper. came to fla. where she resided at the time of her arrest we were traveling thru Georgia to go visit my mother who is terminally ill with COPD. I got stopped for speeding,arrested for suspension of license. When...

    James’s Answer

    Since you already have an attorney, you have done the first right move. The Department of Corrections (Board of Pardons and Parole) have control over your girlfriend's probation case. Her probation can be transferred to Florida (or other state) BUT, only after probation does all of the paperwork involved, submits it to an "Interstate Compact Commission," and Florida agrees to accept the probationer. This process can take 45 to 180 days to complete, or more. In the meanwhile, she will have to set up residence in Georgia, as a felony conviction will not allow her to leave the state of Georgia without a judge's order.

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  • 2 reckless driver on record. now facing less safe driver dui. with collison.will i get jail in ga

    dui with collision jail time

    James’s Answer

    A first DUI conviction in 10 years requires 24 hours in custody. Further, as a misdemeanor, there is always a possibility of jail for up to twelve months per misdemeanor charge. Depending on the basis for the two previous reckless charges, many prosecutors would seek jail time. Please take the new charge seriously, and hire an experienced DUI attorney that practices in that court.

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