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Richard T. Ryczek Jr.
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Richard Ryczek’s Answers

82 total


  • I got arrested for plubic drunk but I was not and was never given breathalyzer test. What is my options.

    In addition to the arrest. I was not finger printed.

    Richard’s Answer

    Public Drunkenness is not thought of as a very serious allegation since the public is rarely harmed by the average drunk in public. However, it is serious to be charged with a criminal offense when you are innocent. Given that it is not a serious allegation, prosecutors are generally very reasonable in working these cases out. Your options are to 1) try to convince the prosecutor to dismiss the case due to your innocence (you will probably need a lawyer for this). 2) You can try to plead to a reduced charge like pedestrian in the roadway, or disorderly conduct. Or, you you can 3) fight the charges at trial. You will probably want a lawyer to help you with the trial. It does not matter that they did not give you a breathalyzer. But, the officers will have to prove that you were drunk without the breathalyzer. The law defines public drunkenness as being in public and acting boisterous, being in an indecent condition, cussing, or being loud. If they can prove that beyond a reasonable doubt without a breathalyzer a judge or jury could convict you.

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  • If a person is on unsupervised probation on a first offender offense can that person obtain a drivers license

    & if that person can obtain a drivers license can they obtain in the city their probation is or can they apply for a license in their hometown .. my friend is on probation in GA but is from MO but never had a license can he still get 1 from either...

    Richard’s Answer

    It is likely that your person can obtain a license as long as he/she does not have any other problems with his/her driver's history (yes, a driver's history exists even if your friend never had a license). You have to obtain a license in the state where you reside. If there are problems with your friend's driver's history, it would be best to clear them up in BOTH states before obtaining a license in either. Contact DMV/DDS in GA in in MO and find out what it takes to clear the driving history, and you are on your way.

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  • Must represent myself. First offender. Charged w/DUI AND DUAC. Can I be charged for both? Chances of reduced sentencing?

    Blew .134, not read Miranda Rights, extremely compliant with officer. First offender.

    Richard’s Answer

    I'm sorry to admit this, but I don't know what you mean by DUAC. If you are asking if you can be charged with multiple counts of DUI, the answer is yes, but you can only be SENTENCED for one DUI. In other words, you can be charged with being above the legal limit (DUI per se) and DUI Less Safe (drinking and driving to the point that you are a less-safe driver). However, if you plead guilty to both, they will merge together and reflect one conviction as they are two alternative ways to commit the same crime. You ask about your chance of "reduced sentencing," but I think you are probably asking whether you can get the charges reduced to something other than DUI, such as reckless driving. The chances of that are pretty low without showing the prosecutor that he/she will have problems with his/her case. Miranda warnings are typically not an issue in DUI cases as Miranda warnings only apply when police question you while you are in custody. Most DUI's involve non-custodial questioning.

    If you are truly asking if you can receive a reduced sentence, you might be able to get a reduced sentence. However the law requires a minimum of 12 months of probation, 24 hours jail, 40 hours community service, $300 fine, DUI school, a substance evaluation and completion of any follow-up treatment as recommended.

    If you are eligible for a court appointed lawyer, you might want to try to get one in the event that you have legal defenses to your case.

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  • If one is found guilty of Serious Injury by Vehicle, but not guilty of reckless driving or DUI, is it worth it to appeal?

    This happened to my brother a little while ago. The guy in the other car broke his leg, and my brother was charged with both DUI and Serious Injury by Vehicle. He was found Not Guilty of the former but Guilty of the latter, so he got 5 years serve...

    Richard’s Answer

    First of all, that is a very strange situation that your brother finds himself in. It's called an inconsistent verdict. Before you can be convicted of Serious Injury, the prosecutor has to first prove Reckless Driving or DUI. Your brother was acquitted of DUI and Reckless Driving, but convicted of the Serious Injury. In Georgia, the appeals courts have allowed inconsistent verdicts to stand which I think is ripe for challenge. Other than that, I would not be able to give you educated advice, because I don't know enough about the case. Most lawyers (myself included) will talk with you for free about this type of thing. It would be worth it for you to at least talk with some lawyers. The first thing I would do (if you consulted with me) is talk to the lawyer that defended your brother to get an idea of what happened in trial. Feel free to call my office and schedule an appointment.

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  • How can I get help to pay my dui fine which they have sent to a collection agency my fine is $3,221.88 cents this is including t

    The warrants for that state Billings Montana how can I get my lic back their from Michigan but I want to transfer to Georgia.I can some but I need help on the rest.

    Richard’s Answer

    Your question is chopped up on the screen and your complete question is not revealed. Generally, it is difficult to avoid paying a DUI fine. You may write the court and ask for your fine to be reduced. Or, you may ask that your fine be converted to community service hours. I am not sure how Montana works, but it is worth a try. Perhaps contact the prosecutor in that jurisdiction and see if they will consent to your request. Otherwise, you might just have to pay the fine.

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  • DWI between moving out of state, (NC to GA)

    I was a resident of NC when charged with DWI (class 5, first offense). I will plead guilty. I have moved to Georgia since the arrest and need to apply for a license. I have already served the mandatory 30 day revocation, per NC law. I have don...

    Richard’s Answer

    I agree with Mr. Hawkins, but you may have a difficult time getting a clearance letter from NC since you have a DUI pending. If NC will not give you a clearance letter, you will have to enter your plea asap in NC. NC might re-suspend you for the conviction/guilty plea. In that case follow the reinstatement procedures in NC before you can get a clearance letter from NC.

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  • What to do if I received a DUI but I wasn't under the influence?

    One night around 2am I was going to get some fast food. I had just awaken, so I grabbed my small puppy and preceded to exit my apt complex. As I am leaving an officer in my complex proceeds to trail me all the way out. As I turn and drive down a w...

    Richard’s Answer

    I agree with everything that has been written by the other lawyers, and would add that the crime lab will not be able to testify from the blood test that you had an impairing level. They will only be able to say that the blood test confirmed the officer's observations of impairment. Marijuana cases are more difficult for prosecutors to win than alcohol cases.

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  • Do I have to pay a fee to get my license back?

    I recently had a DUI dismissed and during the time of the case my license was never forwarded to dds. Do I just ask for them a replacement license? Will they make me pay a large fee?

    Richard’s Answer

    I agree with Mr. Birchmore above. IF the court has your license, they would have likely given your license back to you at the time of your plea. It is very possible that the officer sent the license to DDS and you are not aware of it. If that is the case, you can go to DDS and prove that your case was dismissed (using a certified copy of your disposition) and get a duplicate license. You will likely have to pay a nominal duplicate license fee. I believe it is under $20.

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  • I got arrested for driving with suspended license and I already have 2 dui's within the last 3 years what am I facing?

    I got 2 dui conviction in 3 years. This year I was arrested for driving with suspended license.

    Richard’s Answer

    If you have obtained a limited permit as a result of your DUI's, you are facing revocation of your limited permit if you are convicted or plead nolo to the driving on a suspended license charge. If this is your FIRST suspended license charge, and you are NOT on the limited permit, you might be able to save your license by pleading nolo contendere. As for a sentence, you are facing a minimum sentence of 48 hours in jail, and a $500 fine. A good lawyer might be able to get the charges reduced to something that will not affect your ability to drive. You have too many variables that need to be addressed before you can make an informed decision how to proceed. You should get a good lawyer to help you navigate these troubled waters. Chris Ambrose is in your area and he does good work. Attached is his website: http://www.avvo.com/attorneys/31799-ga-chris-ambrose-469557/website.html

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  • Is a DUI written citation error enough leverage to get it reduced?

    2nd offense within 5 years. Retaining an attorney. I was pulled over for excessive speeding and fined for that and DUI. I blew twice, did field sobriety then blew again. I refused implied consent. On the citation for the DUI it doesn't state anyth...

    Richard’s Answer

    Your question makes me nervous for you. It sounds like you might be getting some good advice from a lawyer, and trying to move the case forward on your own. There are defenses utilizing defects on your citation. However, you did not share enough information for me to tell you that you fall into the "helpful defect" category. If you have a lawyer telling you that there is a defect that can help you win, you should hire that lawyer. Don't try to utilize that information and do it on your own. These defects are not such that will help you get the case reduced. IF the "helpful defect" exists in your case, you can use it to win the case at a bench trial. Find a lawyer that you trust, and hire him/her. If you bring the defect to the prosecutor's attention prior to trial, the prosecutor will amend the citation to fix the defect. It is too late for the prosecutor to fix the defect after the trial starts.

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