John Dennis Duncan’s Answers

John Dennis Duncan

Newnan Criminal Defense Attorney.

Contributor Level 8
  1. An officer gave me a citation for 40-6-20, but when I entered the intersection, traffic light was yellow.

    Answered almost 2 years ago.

    1. John Dennis Duncan
    2. Allen Rust Knox
    2 lawyer answers

    I have been part of cases that defendants are proven to have entered the intersection when lights are yellow and be acquitted, so yes, you have a shot. The video that the officer supposedly has will be quite important, and you should try to obtain a copy or at least view it prior to trial. An experienced criminal defense attorney can help you with this.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Car accident on june 8 another june 23 not at fault in either now experiencing back pain

    Answered over 3 years ago.

    1. John Dennis Duncan
    2. J. Phillip Boston
    3. Glen Edward Ashman
    4. Randy William Ferguson
    5. Biju Varghese
    5 lawyer answers

    If you are having back trouble, the first thing you should do is see a doctor or chiropractor. Back injuries often do not present themselves immediately, and it is possible that you could hurt yourself further without proper medical attention. Your next call should be to an experience personal injury lawyer. It is possible that you have two separate claims, one for each at-fault driver. However, it is difficult on your own to show what injury may have been sustained from the first...

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  3. What should i do? cancel the check and send out a certified check?

    Answered about 2 years ago.

    1. John Dennis Duncan
    2. Michael Leo Potter
    2 lawyer answers

    I am sorry to hear that this has happened. I think you are on the right track to cancel the check and get certified funds to her. You need to notify her as soon as you cancel the check so that she doesn't blow up even more when she tries to cash it, and set up a meeting to get her a fresh certified check. I would also suggest a certified letter describing the events that have transpired and your attempts to pay her, which apparently the postal service has thwarted. A lawyer can help you...

    2 lawyers agreed with this answer

  4. Postpone court date due to medical reasons

    Answered almost 2 years ago.

    1. John Dennis Duncan
    2. Darrell Brinnett Reynolds Sr.
    3. James Emmit Hardy II
    3 lawyer answers

    Best answer is "maybe." Judges have the discretion to give continuances for valid reason, and it sounds like you have one. Know that a request for continuance is always more effective coming from counsel than from the defendant himself. Your best bet is to get an attorney to try and put the case off. If you don't, you will have to appear and ask the court to be excused, which kind of defeats the purpose.

    1 lawyer agreed with this answer

  5. Do I need an attorney?? What are the penalties??

    Answered about 2 years ago.

    1. Allen Rust Knox
    2. John Dennis Duncan
    2 lawyer answers

    If you only received a single ticket, then you are facing a misdemeanor which carries a maximum penalty of 12 months in jail and $1000 fine. The typical speeding case does not include the maximums, however. The reason the officer wrote that you were racing another vehicle is likely to ensure the prosecutor and judge understand more fully what was observed, which will sway them away from allowing any sweetheart deals. If you are under 21, however, you will likely lose your license. If not,...

    1 lawyer agreed with this answer

  6. If I change my address on my license do I have to change my insurance and registration?

    Answered almost 3 years ago.

    1. John Dennis Duncan
    2. Seth J. Bloom
    2 lawyer answers

    What DDS is really after is an updated drivers license. However, it makes practical sense to go to the post office and make a change of address as well, even if this does not fall under the DDS review. Also, the important thing is that you get a new license before you have to undergo a traffic stop. The officer will not check to see what the time frame was that you changed address, only that it is current at the time of stop.

    1 lawyer agreed with this answer

  7. I violated GA Code 3 3 23 in Athens-Clarke County. What should I do?

    Answered about 3 years ago.

    1. John Dennis Duncan
    2. Michael Jason Rhoades
    2 lawyer answers

    I assume by your question that you were ticketed recently with violated OCGA 3-3-23. If so, the first thing you need to do is contact an attorney to help you deal with the situation. You will have to let your probation officer know that you received this ticket, and depending on how persuasive you and your attorney are, coupled with the probation officer's general attitude, you could be facing a probation revocation hearing where the officer could request that you sit in jail for a time...

    1 person marked this answer as helpful

  8. A judge has issued a protection order for my baby"s daddy due to him hitting me. When I went to talk with the judge he answered

    Answered over 1 year ago.

    1. John Dennis Duncan
    1 lawyer answer

    If you fear for your safety or the safety of your child, you absolutely should serve the protective order on the father. I would hate to hear more harm come to you while trying to keep common information from him. If he never gets served, then you have an order that cannot be enforced and therefore do you no good. Now, if you two are married (or were at the time the child was born) then he has certain automatic rights that he can assert. If, on the other hand, you were not married then he...

  9. Do I have a claim when someone steals the melody and the arrangement to my song . After the I send them my song ?

    Answered almost 2 years ago.

    1. John Dennis Duncan
    1 lawyer answer

    More information is needed to properly answer the question. The strength of your case will depend on what kind of agreement, if any, you had with either the studio or producer while working with him. Music contracts can be quite oppressive for the artists, so it is always important to read what you sign thoroughly. Also, you will have to prove that what was "stolen" was actually your creation. Tapes of the session are a must, which may belong to the studio. You should contact an...

  10. I failed to report to felony probation first time ever i live in Cherokee county GA , what am i looking at

    Answered almost 2 years ago.

    1. John Dennis Duncan
    2. Allen Rust Knox
    2 lawyer answers

    While I don't practice in Cherokee County, understand that the full extent of power a judge may cast upon you is revoking the balance of your probation for a violation. That being said, technical violations such as these generally do not warrant such harsh punishment. The relationship you have with your particular officer matters, too. Your reason for missing probation will matter (the more pressing reason, the lesser extent of punishment). If you are going before a judge without having...