Skip to main content
Kimberly Keheley Frye
Avvo
Pro

Kimberly Frye’s Answers

184 total


  • I'm on felony probation in Cobb county. My paperwork says that my drug test is a "felony probation panel". Is alcohol included

    There is an unchecked box that says "felony probation panel with alcohol etg" so common sense would say that I'm not being tested for alcohol. Does anyone have knowledge about this?

    Kimberly’s Answer

    "with alcohol etg" sounds like an alcohol test. You did not mention which box is checked for your screen. I am aware that the drug testing facility located in the courthouse can test for recent alcohol use. It is also part of every felony probation sentence that you not have any alcohol or drugs without a prescription.

    See question 
  • I am 17 years old and got pulled over for doing 76 in a 45. This is my first speeding ticket, what can I expect?

    I live in Georgia, and the cop was really nice.

    Kimberly’s Answer

    Since your ticket is 31 miles over, you will receive at least a 6 month license suspension if you plead guilty to the ticket as written. Please hire an attorney to help you try to save your license. I can also recommend defensive driving school.

    See question 
  • Is there an amount of time that can pass between DUI arrest & arraignment in Georgia in order for the charges to be dropped?

    Arrested during a road block in May 2010. Was 32 at the time, blew just over the limit. Officer told me that he would suggest that my license not be suspended as he felt I was fine until the breath test and was cooperative. I went to the hearing a...

    Kimberly’s Answer

    Is this Fulton County State Court? Long delays there are not uncommon. These delays normally are to the accused benefit in a final resolution of the case. However, a filing of a citation stays the statute of limitations. It is unclear from your question whether a citation was issued. My suggestion is to find an attorney that is experienced in the State court where you bound your case over. This attorney may be able to assist you to determine if charges are still pending. It is difficult to have this part of your life not being resolved and having to worry about a possible warrant for failure to appear. Contact an experienced DUI attorney in the area of your charges for assistance.

    See question 
  • I was refused a breathalizer and blood test at police station. Can I change my mind after I refused the first time?

    I requested a field test and believed I passed. Cop said I did not do the test exactly as he told me to arrested me and put me in the car. I said several times in the car I really think I should take the breathalizer. I did refuse at first. Once a...

    Kimberly’s Answer

    You were not the only motorist trapped in this checkpoint over the weekend. The field tests are only designed to record what you do incorrectly even if everything else is correct. It is very important that you contact an experienced DUI defense attorney as soon as possible to protect your license. Evan Watson, who has answered your question already, and his law partner do a great job in your area. Make an appointment with to understand how you can fight these charges.

    Good luck,

    See question 
  • How much does an attorney cost for misdemeanor first offsense related charges?

    Average price

    Kimberly’s Answer

    A great DUI attorney is worth every penny and much more. This is not a situation you want to face alone or with a novice attorney. Make some consultation appointments with some experienced DUI attorneys and you will be able to make your decision and not base it on price alone.

    Good luck,

    See question 
  • How much should I expect to pay an attorney for representation on a first DUI? Is it better to pay an hourly or flat fee.

    28-year old daughter was stopped and arrested for a DUI with a .1 level. Has a good driving record and hasn't been in trouble with the law. She's terrified of the consequences and wants to make sure she is represented well.

    Kimberly’s Answer

    This question cannot be adequately answered on an open forum list. However, it is easily answered in an attorney's office. Please take some time and set up consultations with your daughter for at least 3 experienced local DUI counsel in your area. If you cannot find one, I will help you find some good attorneys. This will help you determine if your daughter will be represented well. This situation will take some time to resolve and may impact your daughter for the rest of her life. Do not be afraid to ask any attorney these questions when you meet with them.

    Good Luck,

    See question 
  • I wasn't on the list at court for the initial hearing that was a couple days after the arrest. Is this normal?

    I was charged with a DUI 4 months ago, I consented to a blood draw (never asked to take the breathalyzer) so I still have my drivers license. My attorney however, still has not received the police report, video, or BAC level. I also didn't even ...

    Kimberly’s Answer

    These are definitely questions for your attorney since you are represented by counsel. Blood work does take a long time and if you are in Fulton County- everything takes a long time. This is a good topic to take up with your attorney by phone or email.

    See question 
  • Is there a way to get a DUI charge and a Marijuanna charge exspunged.

    I pled guilty to both in 2007

    Kimberly’s Answer

    Currently not under Ga law, however there is an expungment bill pending before the Ga legislature which may help some folks clean up their past records. Check back in the summer/fall and there may be some movement on this issue.

    See question 
  • Can my DUI arraignment lawyer represent me without my presence or is my attendance necessary for bond in Georgia?

    If I hire a DUI arraignment lawyer, can he or she represent me without my presence at the DUI arraignment? Specifically, is my arraignment attendance necessary for bond even though my DUI lawyer is present? I was arrested for DUI in GA and bai...

    Kimberly’s Answer

    Oftentimes an attorney can make your appearance for you at arraignment in DUI cases for bond, but this is usually decided by the individual court or jurisdiction.

    This is why it is important to get a local experienced DUI counsel to handle your case. If you need a referral for a good DUI attorney in Gwinnett, I am happy to help you. This is not the kind of case you should handle alone.

    Good Luck.

    See question 
  • Take a DUI to Trial?

    Do DUI cases, like 1st or 2nd offense DUI ever go to trial and can they be won? I have a friend that got a recent DUI and was told by two local attorneys that DUI never go to trial and the DUI tests that measure you BAC cannot be fought because th...

    Kimberly’s Answer

    Sounds like your friend did not speak to experienced DUI counsel. It depends on the county as far as how many are tried, but it can also depend on the attorney. Find your friend some additional attorneys to go see with experience. It may even help if you go along for moral support. Sounds like he needs some good counsel.

    Good Luck,

    See question