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Robert W. Chestney

Robert Chestney’s Answers

14 total


  • If I take the stand in my DUI case, can I respond to every Question from the prosecutor with the same answer?

    Can I use the response, "I was neither intoxicated nor impaired on Sunday, Nov. 10, 2013 at 2:24 AM." Can I say that for every question? I don't see why not? Truth is blood test was .06, passed 2 FST on video, and displayed NO signs of impairment ...

    Robert’s Answer

    If you elect to testify and waive your fundamental right to remain silent, you will be compelled to answer any relevant and material questions put to you by the prosecutor. It sounds like you have a very defensible case; I would strongly suggest you retain a lawyer to conduct the trial, so you don't sink your own ship.

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  • I want to know if I can avoid any jail time in a second DUI offense?

    I have a pending DUI from 2 years ago and is due to completion this year. I didn't take any of the test for the 2nd DUI is it possible I can get this dropped to a lesser charge

    Robert’s Answer

    It sounds like you could perhaps do even better than a reduced charge; how about a "Not Guilty" veridct from a jury? Sometimes a jury is easier to reason with than the prosecutor, who holds all the cards when it comes to deciding what charges will be pursued, and whether to offer a reduced charge.

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

    I was asleep at the wheel at a signal and accepted to all the field tests and was hesitant to breath test told the officer that I am unable to decide and he can do whatever he feels right, to which the officer constued it as REFUSED. I told the of...

    Robert’s Answer

    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.

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

    Can you be charged with DUI for being less safe or is there a separate charge? What are the consequences of being charged with less safe?

    Robert’s Answer

    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 if they can prove it either way. Penalties are exactly the same.

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

    Dui and Child endangerment Oct of 2004. Was charged by courts and found guilty. 1st dui and 1 count child endangerment. DMV counts this as 2 Dui's and says I must take Dui class,Clinical Evaluation and Ignition Interlock installed. Can the Ignitio...

    Robert’s Answer

    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.

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  • 3rd DUI in 5 years

    My friend recently was charged with his 3rd DUI in 5 years. The first DUI was when he was 20, and the second DUI was after he had recently turned 21. He was just charged with his 3rd DUI a few weeks ago. After looking up some stuff about DUI convi...

    Robert’s Answer

    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, and other mandatory provisions.

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

    i was pulled over one night and ended up getting a dui because the cop pulled me over for making a late signal while waiting for a red light even though i was in left turn only lane. Did he have probable cause top pull me over, and if not, can i ...

    Robert’s Answer

    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.

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

    I got a DUI in 2002. A new employer is running crimal background check on me (which is fine - only have DUI charge) but do i have to say "yes, i committed a crime". I was told that after 5 years it comes off your record? I don't want to look li...

    Robert’s Answer

    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.

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  • Question about ALS

    I was arrested for dui and driving on suspended lic. not smart I know. When I bonded out i did get a 1205 form...does this mean they arent going ahead with the ALS ??? how would one find out if they are or not? I spoke with a lawyer earlyer tod...

    Robert’s Answer

    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 license upon completeion of DUI School, that will be further confirmation that there will be no ALS in connection with your new case.

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  • My 18 year son was arrested for DUI .08 alcohol level. This is his first offense, should I hire an attorney?

    We live in Orange County, CA. His is now in college out of town. What is the normal procedure and sentence.

    Robert’s Answer

    No matter how easy or difficult the case may be to defend, keep in mind you are talking about your son facing a possible DUI conviction on his record for life. Think of job applications, graduate schools, etc. A lot of money is being invested in his college education to enhance his outlook for the future, think of hiring a lawyer as a similar (but hopefully smaller) investment in his future.

    At a bac of 0.08, your son was probably not visibly impaired, so it may well be a very defensible case.

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