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Richard T. Ryczek Jr.
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Richard Ryczek’s Answers

96 total


  • Misdemeanor & wreckless driving. Arrest sealed

    Was arrested for dui But instead was reduced to a wreck less driving. It is no longer on my driving history. However the arrest is still there & it makes it hard for me to get a job as I am a nanny. Is it possible to have my arrest sealed or ex...

    Richard’s Answer

    I'm sorry, but it is not likely that you will be able to get the arrest "expunged" or your record restricted. The law does not provide for record restriction when your case has been reduced to a lesser charge. Use this time to work hard and train or attend school for another job so that you can increase earning capacity. Use the training or schooling to overshadow the DUI arrest. You will have no problems moving on from the DUI arrest on your record provided that you follow this advice.

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  • What will happen in court with a public intoxication ticket & a minor in possession of alcohol ticket?

    I'm 16 years old & I was charged with a minor in possession of alcohol & public intoxication. They called my dad & my dad was allowed to come get me... I can't describe key details because I really don't remember. The only other legal trouble I've...

    Richard’s Answer

    I agree with Mr. Barber above. There are many, many, ways to help you avoid this going on your record. You should consider getting a lawyer to help, or contact the Court to ask for a public defender if you can't afford an attorney.

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  • How does he determine why he contests the suspension?

    My son is going to complete his own administrative hearing request regarding his DUI license suspension without use of an attorney. He is within his ten day time frame. He needs to drive back and forth to work as well as getting his wife to th...

    Richard’s Answer

    Is it a test case or did he refuse the state administered breath or blood test? Send me that information via email, and I will email you a standard appeal letter. Rick@GoodByeDUI.com Don't forget that DDS charges $150 for the appeal. The $150 must be submitted with the appeal letter.

    Once DDS receives his hearing request, they will schedule a hearing where a judge will determine whether he can drive to and from school/work. Please see the attached link to let you know what your son is facing at that hearing. http://www.goodbyedui.com/what-you-should-know/license-suspensions/first-in-5-years/

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  • Is this legal to receive a citation after and not have any knowledge of it or talk to any police officer? Can I fight it?

    I was jogging home from the bar and it was not my best decision. I ended up falling and breaking my ankle severely. I was picked up by the paramedics and had surgery and professional care and then a week later I get a letter in the mail stating th...

    Richard’s Answer

    It sounds like you have a good case. With no officer and no evidence, the prosecutor is going to have a hard time proving his/her case. Might want to send your ticket to a lawyer to review so that you can make certain that you did not miss anything. I am happy to review the citation. Feel free to email me the citation and i will review and email you back. Rick@GoodByeDUI.com

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  • What can we expect if he doesn't to complete the steps to resolution after court (probation requirements) and returns to the US?

    My husband got a DUI over the holidays and has a court date set for Feb. we are relocating to the Caribbean (he's a Jamaican national and US citizen) so we anticipate he'll be unable to complete all the steps if he goes through a probation process...

    Richard’s Answer

    This is a problem that CAN be solved. Your husband should be able to travel freely, but he WILL have to, and he SHOULD complete all the terms of his probation (assuming he is placed on probation). First, I would have your husband complete DUI school prior to going to Jamaica. DUI school is generally on Saturday, Sunday, and Monday evening. It is likely that he will be able to complete the remaining terms of his sentence from Jamaica. A good lawyer might even be able to appear in court for your husband so that he doesn't have to return for court. Or even better, a good lawyer might help him avoid a DUI conviction completely. I would recommend that you at least consult with a good DUI lawyer prior to leaving for Jamaica.

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  • I want to know if it's possible to avoid jail time if possible to secure I don't loose job time or possibly loose my job ?

    I was charged with my 2nd dui within 5yrs

    Richard’s Answer

    You should hire Ben Goldberg. He is a local that can get good results in Cobb County.

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  • Will I be able to get a drivers license in GA without restrictions?

    I was arrested in NY for DWAI - drugs (a DUI) which is an unclassified misdemeanor. I have a CT license. Although NY did not impose the interlock device penalty on me bc it was drug related, CT has. I just got my CT license back with the IID res...

    Richard’s Answer

    I agree with Mr. Von Hacke above regarding in that you may have to maintain the Ignition Interlock Device on your car as a condition of probation. I would add that Georgia will likely not issue a driver's license due to the license restriction. You will likely have to wait to reinstate in CT and get a clearance letter from CT before you can get a GA license.

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  • How do I get a driving permit for work.

    I have 3 active suspensions here in Ga.for marijuana convictions non vehicle related. What do I have to do to get a limited driving permit to be able to drive to work?

    Richard’s Answer

    • Selected as best answer

    Assuming that you received your convictions for offenses occurring prior to July 1, 2015, you are facing the following suspensions: First conviction is a six-month suspension and you must pay a $210 fee and take DUI School to reinstate. After six months and reinstatement, you can work on your second suspension. Second suspension is a one year suspension and you can reinstate with DUI school and $210 fee. After you reinstate for second one, you can begin working on third. Third suspension is for five years. You can get a work permit after two years provided that you complete a DDS-approved drug treatment program, complete DUI School, and pay $210.
    YOU SHOULD CONSIDER HIRING A LAWYER TO TRY TO HELP YOU WITHDRAW ONE OR TWO OF YOUR CONVICTIONS. There are ways that a good lawyer can help you.

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  • Is it possible to have the implied consent law reversed after pleading guilty tk the dui?

    I was arrested for dui April 4th. I did not take any kind of subriety test. I was told in court that I could get my license in 120 days. The dds says the implied consent law has my license suspended for 1 year without a permit. Is there any way ar...

    Richard’s Answer

    I agree with the posts above (in part). In order to get the administrative license suspension reversed you will need to convince your arresting officer to send DDS a sworn statement indicating that the 1205 form was sent in error. Officers will rarely do this. Another possible way is to get the officer to agree by consent to allow you to file an "out of time appeal" to the 1205 form. This will work in some instances. You might also be able to re-open the criminal case, dismiss it. Once the criminal case is dismissed, you can get your license reinstated, then re-enter your plea in the criminal case. This will also sometimes work. You will need a good lawyer with a GREAT relationship with your prosecutors, the officer and dds.

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  • What are the elements for a dui stop?

    is there legal ground for 911 caller to assume a driver is under the influence in a parked car without seeing him drive...can you please answer both questions

    Richard’s Answer

    First question: As for the elements of a DUI stop, the officer must have some particularized basis to detain you. I will describe this in more detail, but it is important to discuss the the three tiers of police-citizen encounters to give you perspective. The first tier involves a consensual police-citizen encounter. This involves the officer approaching a citizen and talking with him just like anyone other citizen might do. The officer may ask questions or even request consent to search. The officer does not need any reason to initiate this encounter. However, the citizen has a right to walk away and avoid contact and conversation with the officer just as the citizen has the right not to engage others that are not involved in law-enforcement. If during the tier one encounter, the officer discovers reasonable suspicion of a crime (or probable cause), he may move to a second tier stop. The second tier of encounter is called an investigative detention or Terry Stop. In a Terry Stop, the officer may detain you to investigate the reason for the stop. The officer must have probable cause or a reasonable suspicion that you are involved in criminal activity or about to be involved in criminal activity before he can restrict your liberty. If the officer gathers enough information (probable cause) to arrest you, he can execute a formal arrest (third tier encounter). Or, if the officer doe not gain enough information to support probable cause during the investigative detention (tier two), he must release you, and cannot delay the detention longer than necessary to satisfy his suspicions. Those are the elements of any stop. DUI stops are no different.
    As for your second question, a 911 caller does not need any legal ground to assume anything. Citizens may may any assumptions that they wish about other citizens. The question is whether the officer has sufficient reason to rely on the citizen's assumptions in restricting your liberty. When a 911 caller makes a claim upon which a police officer relies in making a stop or detention, courts go through the three-tiered approach above. As we move through each tier, the courts scrutinize the caller's claims more thoroughly.
    You are not going to be able to do this alone. It doesn't matter how much you educate yourself with your AVVO questions, the prosecutor will ask about something that you didn't anticipate to ask AVVO, and there you will be with nothing to say. If you can't afford a lawyer, ask for a public defender. Good luck to you!

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