Jim Lee Whitlock’s Answers

By the nature of your question, I'll assume you do not have a lawyer. I agree with the answers that the other lawyers have given to this question. It is not unusual for Solicitors to not get very interested in a case until it is scheduled for an arraignment. It often seems that a case has fallen throught the cracks. Then the arraignment. Your case will most likely move along at a pretty good clip now that you have an arraignment date. Your attorney legally has only 10 days after arraignment to...

No you do not have a DUI resulting from the DUI arrest if you pled to a lesser charge of Reckless driving. However it may be important to remember that should you have an occasion to have a Judge or Prosecutor review your record for insight as to mcharging you or sentencing you on a subsquent charge, they can make whatever decision they want (legally) as to the fact you were arrested for DUI befor. I once had a prosecutor call the arresting agency for one of my clients prior arrest and got...

Yes, the judge can and quite frequently does add an extra 12 months usually probation to your sentence for a more serious charge. Frequently you may ask for a sentence review after you serve successfuly the first 12 months. Often the defendant answers Yes to the judges question "do you need more than 12 months to pay your fines?" That extra 12 months of probation in order to pay your fines will dramatically increase the total cost of the disposition of your case, not to mention doubling the...

It sounds as if the charges were dismissed through a pretrial diversion program or pretrial interventtion. You were probably not convicted of the charges, however, you may or may not have had your arrest expunged. You should contact your lawyerand determine if that's the case. Otherwise, you may, from time to time, find yourself explaining all of that based on the fact that the arrest is still on you GCIC report. Your lawyer should know if the record was expunged. If it was, then neither the...

If you are trying to get out of the Interlock devise, you will discover that it is somestimes possible, but most always difficult. Ifyouliveed out of state, that would be somewhat of a primeafacia hardship tht you could alleged and have high hopes of having the judge agree with you. Not having a car to put the interlock may not be onsidered by the judge, at least until a year later whe you actually have to have it installed o your vehicle. Maybe this has been helpful, Good luck...

I agree with Mr. Proctor. Getting an expungment in Georgia is a very narrow and limited opportunity. First offender will keep the disposition off your record if you qualif for FO. But it won't erase the arrest. If you plea guilty, or, you are found guilty, even if you plea guilty under the first offender act and complete that program, you do not qualif for an expungment of the arrest. Some courts refer to pretrial intervention (PTI) and some have what they call pretrial diversion.(PTD) These...

Cnsidering what you want to accomplish, with what you are charged with, you've got more problems than a New York Show Dog could jump. You need a good DUI Lawyer, and first establish what your priorities are. If your first priority is jail time., here in Fayette County, a first DUI would usually get you a 24 hour jail sentence; however, they would offer you 6 months in jail for the attempting to elude the police. You could loose your driver's license 3 different ways. You very definitely need to...

Most jurisdictions require that you surrender her back to custody at the same jail you bonded her out of. Of course finding her maybe a problem, but it will not be near the problem of getting her to go back to jail and let you come off her bond. It sounds as if you are running out of time if she has already been to court for the arraignment. Good luck in making that happen.

I agree with other answers on this thread, but would like to ad just this: Although you have some opinions as to prehaps not being an alcoholic, you've done well on a pysch evaluation and you are a family man with children, all of this is not revelent, unless you have successfully filed ad won a motion to suppress. And as far as the offcer saying that you're likely to get a reckless driving out it, don't be surprised if he testafies te did't say that and your were itoxified and may have thought...

If you have found yourself in court and don't know what to plea, you might wish to talk to an attorney. Most attorneys will give you a free evaluation for your case. Depending on your age and which court you are in It may well be imprtant to you to get that charge dismissed. A lot of courts have first offender programs, pretrial intervention, etc. which may accomodate what yu wish to do with the charge. I lways say know before you go. Call a local attorny, good luck....