Norman H. Cuadra's Answers

Can a permanent resident of 22 years be deported for 1 simple DUI (misdemeanor). There was no accident or injuries.

The case of Leocal v. Ashcroft, a US Supreme Court case indicates that this may not be a deportable offense. You need to speak with a DUI attorney and an immigration attorney. Both can work to assist you in defending your rights.

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I did not take the breathe test....what are the chances of winning the hearing

You have ten (10) days from the date of your arrest to file for an Administrative License Suspension Hearing. You can fight the case on the basis of the roadblock (consitutionality) and other factors. A first DUI offense carries a minimum $300.00 fine, 24 hours in jail and 40 hours of community service. There are other punishments such as DUI School, Drug and Alcohol Evaluation and Treatment and Victim Impact Panel. If you do not win the Administrative License Suspension Hearing you are not...

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Can a nolo plea deal show up on your background check from ten years ago

Yes. Unless the case is under the First Offender statute or under a local city ordinance, a plea of nolo contendre and/or guilty will show up on your criminal and/or driver's license hearing. Another way to get this off of your record is by an expungement which can be done when there is a mistake, clerical error or an act of fraud contributing to your record.

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Am I responsible for an expired registration ticket given to me while I was driving someone else's car.

The code on this charge contains an element of knowledge and service. If you did not know, it may be a defense to the charge. Look at code section O.C.G.A. 40-6-15(a), "Any person who knowingly drives a motor vehicle on any public road or highway of this state at time when the vehicle registration is suspended, canceled or revoked shall be guilty of a misdemeanor." Remember that the State has to prove all of the elements of your case beyond a reasonable doubt. You also have the right...

Unfair Traffic Citation

I disagree with the officer's issuance of this citation. You may be able to challenge the citation in court. The Georgia Code says that headlights must be used when raining. There is nothing in the code section that requires "high beams" to be used when driving in the rain. This may be a charge that can be dismissed according to the facts that you have explained.

Defense against a temporary protection order

I can't tell you with the facts provided. However, I recommend that you retain an attorney to assist you with the case. Although you may not have criminal charges pending, remember that anything you say during your hearing can be used in a future criminal proceeding. In this type of hearing, there is NO right to have an attorney appointed to you. Also, the proof required is less than that of a criminal case and the petitioner need only prove that it is MORE LIKELY THAN NOT that you...

How much is a ticket in georgia for failure to yield

Pursuant to Georgia law, the charges of failure to yield, unsafe lane change and window tint violation each carry a penalty of up to a $1,000 fine and 12 months in jail. Under Georgia law, these are considered misdemeanor violations. The amount of fine that you will receive depends on the court you are in, facts of your case and your criminal and/or driving history.

I was charged with shoplifting on 12/29/2009. I went to court & got an offer to just do 40 hours community service, that I accep

The 40 hours of community service took care of the criminal case. However, Georgia law provides that Wal Mart may come after you through a Civil case for damages. According to the law, Wal Mart can come after you for damages in a Civil lawsuit. However, in my 14 plus years of experience, I have never seen Wal Mart go after a client of mine in a lawsuit under this law.

I did not sign the ticket. Can I get out of the ticket?

One of the basic tenants of law is "Notice". This means that you have been legally notified of a pending court matter. In the criminal law sense, notice is given by signing or receiving a ticket or being arrested. If you refuse to sign a ticket, you could be arrested to prove that you were notified. Can you get out of the ticket for that reason? Maybe. However, if you do not show, they will suspend your license. You also have a right to a jury or bench trial on your case. Believe it or...

Ticketed for expired tag, before paying fine received summons dated two months after original date on citation. Is this common?

Sometimes the court system will send you a new court date. This can be due to the paperwork not filed timely with the court. It could be due to the number of cases on the calendar. It could be due to the officer, or even the judge, not being able to attend court. The charge of expired tag is usually one that is adjudicated with a fine only. However, the maximum fine on misdemeanors is $1000 or up to 12 months in jail. Are you being set up for a higher fine? Not necessarily. You may be...