Richard T. Ryczek Jr.'s Answers

Would this be my first offense or the second offense for DUI and what are my chances with a public defender?

This is probably your second DUI. You probably have bench warrant for the 2003 DUI. You can contact the sheriff's department where your accident occurred and find out if you have a warrant. If so, you should arrange to turn yourself in as quickly as possible. There are more technical defenses to accident cases than the typical DUI. I would call Steve Beauvais (912)-232-3770 or Doug Andrews (912)236-3020 to discuss your options. As for your public defender, you can ask him for discovery,...

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If i have been arrested but not convicted of a dui, do i still have a license?

I would need to know a lot more information to answer this question properly. If you really blew .073 on the state administered breath test, then you should not be suffering an administrative suspension as long as you are 21 years-old or older. Check out my website www.GoodByeDUI.com for an explanation of the administrative license suspension procedure. If you are under 21, and you failed to do the 10-day letter (see my website's license suspension tab for explanation), then you are likely...

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Was arrested for DUI in GA, refused to blow and was told that a warrant had been issued for blood test but never saw affidavit..

You have many good issues on your case. Hopefully you have hired a lawyer that is willing to fight DUI cases. I have a case similar to yours, and I might have some helpful information for you and lawyer. Please have your lawyer contact me.

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In Georgia, is it possible to have a first-offense DUI expunged from your record?

I agree with Mr. Gianinni's advice above. Expunging your record relates to deleting the arrest off your record. There are only certain circumstances under which you can do this: 1) If you were arrested and prosecutor never filed charges against you; or 2) if you entered a diversion program where you jump through hoops in exchange for the prosecutor dismissing the charges. Then you can apply for "expungement" to delete the arrest off your record. You have actually been convicted. So,...

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Can a probation office cancell a heiring once turning in paperwork for voilating

It sounds like the probation officer will say that you missed appointments. Usually, on misdemeanor probation, you cannot transfer it out of state, but you can report by phone or mail. Chances are that you are violation of probation for failing to comply. I would call Rob Leonard 678-354-2290 or Marny Heit (770) 956-0090. Both are excellent lawyers, and they will be able to help if anyone is able to help dismiss the warrant without your coming back to Georgia.

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Was this a good deal or could my lawyer have done better?

You got a great deal, and you should send your lawyer a Christmas card. It looks like you did some short-term suffering (community service and driving school) in order have a long-term gain (you avoided the DUI). A DUI conviction never goes off your record, and it would have haunted you the rest of your live had you been convicted. Congratulations! I hope that you learn from your experience and never get in a car after drinking again.

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Hows this plea deal sound for a 2nd dui in 5 years

I agree with Richard Lawson's post that you might be facing DUI Court if you are in Forsyth County. To answer your question directly. Yes, that is a great deal. However, you will not likely get that as a sentence. It's a great deal for you. The prosecutor and judge will not likely think it's a good deal for them. You are usually facing more jail time on a 2/5 DUI. You also asked why it's not a reasonable offer. Prosecutors generally think that you are a danger to the community when you...

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I received a DUI in atlanta and my license was taken do I need to file the letter to prevent my license for suspension?

I agree with Mr. Kilgo, that you should seek advice from your attorney regarding your specific case. Generally, you will not suffer an administrative suspension unless you are issued a 1205 form. This is the document that the officer uses to suspend your license. The law requires the officer to serve you with a copy of the 1205 form/suspension notice. However, there have been times where the officer initiated the 1205 suspension despite not having served my client so most of the time I file...

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How can i get help with my case before my court date?

Marsha, you posted a question to a general discussion area. I'm not sure whose office you left a message with, but I wanted to answer your inquiry. You should immediately contact a lawyer to help you avoid a license suspension prior to your court date. I don't go to Lagrange, but I would recommend that you call Ricky Morriss. He is in your area, and he is an excellent lawyer. (770) 898-9995. Good luck!

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If I'm ever stopped by the police and I know I'm over the legal limit for DUI would I be best off...

I agree with Jessica Towne above. Be very careful about how much alcohol you drink before driving. DUI is dangerous. Before driving after drinking, evaluate yourself to determine whether your driving ability is impaired to the extent that you are less safe to drive. If this is the case, you should not drive regardless of your alcohol content. -You can still be charged with driving under the influence even if yo blow below the legal limit. Once you determine that you are not affected...

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