Robert W. Chestney's Answers

Got a dui with a minor in the car in state of georgia.

Because this counts as two DUI convictions for licensing purposes, the law requires the installation of an Ignition Interlock Device and the issuance of a six-month limited permit to drive with that device installed. This requirement can be waived by the court, however, if it would subject the person to undue financial hardship. Contact your lawyer and ask him or her to petition the Court for such a waiver.

2 people marked this answer as helpful

I wus arrested for DUI but I wus not read my miranda rights. What should I do?

Your Miranda rights only arise after you have been placed in custody. For that reason, very seldom do the police give Miranda warings in a DUI case - they have already completed 99% of their investigation before the arrest takes place. And the state-administered blood or breath test that follows the arrest has been held not to be subject to Miranda protection, either. But if you were questioned after arrest without Miranda, your answers can probably be suppressed. And in some states,...

1 lawyer agreed with this answer

In Georgia what is meant by less safe? Isn't being .08 classified as over the limit and DUI?

If you are charged with DUI - less safe, the state must prove beyond a reasonable doubt that you were driving while under the influence of alcohol to the extent you were incapable of driving safely. On the other hand, if you are charged with DUI - per se, the state has to prove beyond a reasonable doubt the you drove while your alcohol concentration was 0.08 grams or more (as measured within 3 hours after driving) And the state can charge you in the alternative, able to get a conviction...

1 person marked this answer as helpful

3rd DUI in 5 years

Actually in Georgia the look-back period is now ten years. And regardless what his sentence was on the first two, he is looking at third offense punishment if convicted. The absolute minimum jail sentence is 15 days, but most judges would not be that lenient. The maximum punishment for any misdemeanor is twelve months in custody, but his actual incarceration would probably be somewhere between 30 and 90 days. In addition, there is a minimum 30 days of community service, fines up to $5000.00,...

1 person marked this answer as helpful

Question about ALS

The fact that you did not get a 1205 form means that the cop PROBABLY did not initiate an administrative suspension. But since you can't rely on that, it is important that your lawyer sends a letter to DDS within 10 business days of your arrest, requesting a hearing IF an ALS is initiated. There is no downside to this; DDS will notify you one way or another (they will not take it upon themselves to contact the cop or otherwise initiate a suspension). If DDS allows you to reinstate your...

1 person marked this answer as helpful

Is it possible to escape jail for DUI 1st offence when refused breath test and told the police officer about havnig 2 beers

Of course it is possible to contest this case and win - but there is never a guarantee of a particular result, so beware of any promises! Even if you are convicted, many judges in Atlana or Fulton County would not require any additional jail time. Take the ten business days (basically two work weeks) to interview experienced DUI lawyers, and find the one you are most comfortable with - you are trusting him or her with a lot.

DUI in GA in 2002 (over 5 years ago). Still considered a crime by employers or time has passed to let it go?

Any criminal background check will reveal a DUI conviction, no matter how old it is. But as for truthfully answering the question asked, it depends on how it is worded. Read carefully to see if you must disclose this misdemeanor offense.

I have had 2 DUI's in 5 years what are my chances in getting a special licence?

if you have been convicted in both cases, you will not be eligible for a limited permit until you have served 12 months of the suspension. Then you should be able to get an Ignition Interlock Permit, if the judge ordered you to install such a device in your second case. That would enable you to drive for business or school for six months. After that you could get your license reinstated if you have completed a state-approved 17-week rehab program

Can a police officer see your hospital records to check if you were dui after a car accident.

Your daughter has a privacy right to her records under the constitution, as well as a federal law known as HIPAA. The police can probably gain access to her records only by obtaining a search warrant from a judge. And a search warrant requires probable cause to believe the records would include evidence that a crime was committed. The judge considering the search warrant would need to know the basis for the officer's knowledge to see if it is reliable, and then determine if it is likely the...

1 person marked this answer as helpful

Do i have to put on my signal when in a left turn only lane?

In Georgia we have a case directly on point. In short, a signal is not required to turn left from a left-turn-only lane because other motorists are on notice of what you plan to do. Such a stop should be found to violate the Fourth Amendment, and any evidence gathered therefrom should be suppressed. That should result in your case being dismissed.