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Kimberly Keheley Frye
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Kimberly Frye’s Answers

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  • License suspended for 2nd DUI charge, but I HAVE NO 2nd DUI.

    I just received a notice in the mail from the Department of Driver Services saying that my license was suspended for a 2nd DUI charge within 5 years, but I haven't received a second DUI! I had a deputy friend of mine run my criminal history, and t...

    Kimberly’s Answer

    Also, have you had any convictions from another State? You maybe the victim of identity theft. You can get you history from DDS and see where they are saying the second conviction is from.

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  • Can my case be dismissed

    I received a citation for underage consumption in Georgia, but the officer did not sign my ticket. Can this be thrown out in court?

    Kimberly’s Answer

    You may have several defenses to your Minor in possession citation. There may also be a diversion available to you in your jurisdiction. Make a consultation appointment with an attorney in your jurisdiction. It would be unwise to handle this issue yourself.

    Good Luck,

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  • What if i wasnt driving my car just trying to get it started because it ran out of gas and was not allowed to call someone

    was at store buying wine when i came out, my car would not start i got a can and walked past the officers into the store topay for my gas, got my gas and went back and put it in my truck., as i was trying to crank it three cop cars pull up and ord...

    Kimberly’s Answer

    Your case hinges on what the officer actually saw regarding you and your vehicle. The State has to prove you were in actual physical control of a moving vehicle. The outcome may also depend on whether the Court considers the stop of your vehicle a stop or just an encounter to begin with. Seek an experienced local DUI attorney in your area. They can help determine the best defense for your case under the facts. Don't delay as your license could be suspended based on the arrest.

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  • What should we expect with our 18 yr old (Ga Southern U) son's charges while on campus last month?

    He was charged with possession of alcohol bev and public indecency. His court case is Jan 17th and we have not gotten any representation so far.

    Kimberly’s Answer

    Matt Hube down in Ga Southern is a great attorney in that area for the college kids. Here is his contact information. Call him and schedule a consultation.
    Matthew K. Hube
    Hube & Tucker, P.C.
    209 S. Zetterower Ave.
    Statesboro, GA 30458
    (912) 764-2400

    For those kinds of charges, you son definitely needs an attorney in that area for the best result.

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  • I have a ga drivers license and got arrested for a dui in indiana do they have the right to keep my license

    I was bonded out and they did not give me my license

    Kimberly’s Answer

    It is important that you get experienced local Indiana counsel to help you with the license ramifications of this arrest. Georgia will normally honor any suspension that another state imposes. Please do not wait to get counsel, there may be time constraints to appeal your suspension. This not the kind of case you want to try to do by yourself.

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  • Do you need to list any moving violations, you received with a DUI, on criminal background checks?

    I got a years probation for the DUI, and a year each for erratic lane change, and following too closely.

    Kimberly’s Answer

    • Selected as best answer

    Asker- I read your comments to the previous poster. The simple answer is yes, the lane change and following too closely tickets are criminal convictions here in Ga because they are punishable by 12 months in custody and a $1000 fine. However, the previous poster is correct- they are normally considered on regular job applications to be moving violations rather than criminal convictions. Here is the bigger problem. You have a conviction for DUI which is a much bigger deal than the other two charges. If they are not going to hire you it will be because of the DUI not because you did not list the other two charges. You have to make a decision based on what was asked on the application on how to answer the question. Sounds like you have to list the DUI. If you are on active probation, your future employer may ask about that or even dismiss you once it is discovered. These are the difficulties faced by anyone who pleads guilty to a crime of any magnitude. It is very important that you have competent counsel from an experienced criminal defense attorney before you get the conviction. I hope that helps.

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  • What are the Georgia laws regarding minors that are the age of 17?

    Are minors age 17 allowed to leave home without permission? Does being an unruly child, being under court supervision, or having any past/ present dealings with the court effect anything?

    Kimberly’s Answer

    Minors age 17 are considered adults in criminal system in Georgia, so if a crime is committed they are prosecuted as adults.. Runaway petitions are filed in juvenile court. If the child is already on supervision of the juvenile court, that court can continue to enforce provisions on that child past the age of 17. This is the best information I can give based on the information you provided.

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  • Can they revoke my dl-for-100mph

    i got speed in excess of 100mph the cop said if i try to fight, it he will get the judge to revoke my licence, i did not think i was going that fast.

    Kimberly’s Answer

    All kidding aside, I would revoke you for failure to use spaces. This is a tough message to read. Most courts will have a suspension for such a high speed. Find a good criminal/traffic attorney in Merced to represent you. I think you are going to need someone to communicate with the court on your behalf.

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  • Recieved a super speeder ticket in the state of Georgia, currently i live in Florida. Is there any way i can fight the ticket?

    I will admit to speeding, going around 88-90 in a 70. But my ticket says 93 in a 70 which i think is BS. I get the whole super speeder law in GA, but considering this is my first speeding ticket in years, on top of being my first speeding ticket i...

    Kimberly’s Answer

    Take a look at the top of the ticket. Get a criminal defense attorney that works in that jurisdiction/county. The attorney let you know your chances of the ticket getting lowered and the fine. This attorney may also be able to save you a court appearance. Don't wait until your court date. Find a couple of attorneys in that jurisdiction and call them tomorrow. It is your best chance for achieving the result you want.

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  • Should I hire an attorney who has been a prosecutor before?

    I have a case of dui+controlled substance and can't decide what type of attorney is best suited to handle my case to avoid jail time. 1)Should I hire an attorney who has mainly dui case experience so they can knock that off (to avoid the doubl...

    Kimberly’s Answer

    This is a great question and one that I am sure many people are thinking. I do not normally answer out of state questions, but your question is a universal one. Certainly the advice you have been given to interview attorneys and pick one you are comfortable is great. Picking an experienced attorney is very, very important. You don't say whether your DUI is alcohol, drugs or a combined influence of both. An experienced DUI attorney will know the difference and will be proficient at both. Handling a blood test DUI is significantly different than a breath test DUI from a base knowledge and strategy standpoint- the trial is similar. Advanced training in the specifics of your kind of case puts that attorney at an advantage for you.

    As for your question regarding former prosecutors, prosecutors bring a lot to the table in terms of experience, familiarity with the courthouse, judges and personnel. Most prosecutors have had many, many more trials than lawyers who have only been defense attorneys. Public defenders also get a great deal of trial experience from caseload issues for the same reason. Your concern about your lawyer being sympathetic is a common one, but you want an attorney who is passionate about their practice and their cases. Sympathy for your plight doesn't make them a better lawyer. Knowledge of the how the DA's run their cases with their respective Judges is invaluable and you want any lawyer you hire to have that. Lawyers who say they cannot do a great job on either side do not sound like very good lawyers. Every field of law has two sides.

    With the advice you have been given, you have some good tools for your consultations. Go see at least 3 well regarded local DUI/criminal defense attorneys in your area. See them all then make a decision.

    Good Luck.

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