Robert W. Chestney’s Answers

Robert W. Chestney

Atlanta DUI / DWI Attorney.

Contributor Level 7
  1. I want to know if I can avoid any jail time in a second DUI offense?

    Answered 9 months ago.

    1. Matthew R. Gebhardt
    2. Jeffrey Allen Fagan
    3. Harold L. Wallin
    4. Raymond M. Flavin III
    5. Samuel Cohen
    6. ···
    7 lawyer answers

    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.

    6 lawyers agreed with this answer

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

    Answered 8 months ago.

    1. Matthew William Hoffmann
    2. Christopher Irvin Simser
    3. Robert W. Chestney
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered over 4 years ago.

    1. Robert W. Chestney
    2. Robert Rogers Giannini
    3. Adam Marshall Hames
    4. Trey E. Phillips
    4 lawyer answers

    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

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

    Answered almost 5 years ago.

    1. Jessica Ruth Towne
    2. James Scott Byrne
    3. Robert W. Chestney
    4. Phillip Darrell Kimbrell
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 5 years ago.

    1. Robert W. Chestney
    2. Edward Jerome Blum
    3. Wayne Rodgers Foote
    3 lawyer answers

    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

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

    Answered over 4 years ago.

    1. Lance Warren Tyler
    2. Robert W. Chestney
    3. Arturo Corso
    3 lawyer answers

    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

  7. 3rd DUI in 5 years

    Answered almost 5 years ago.

    1. Robert W. Chestney
    2. Jessica Ruth Towne
    3. Karyn T. Missimer
    3 lawyer answers

    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

  8. Question about ALS

    Answered almost 5 years ago.

    1. Lance Warren Tyler
    2. Robert W. Chestney
    3. James Scott Byrne
    4. John Lawrence Buckley
    4 lawyer answers

    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

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

    Answered about 4 years ago.

    1. Mark Allen Yurachek
    2. Lance Warren Tyler
    3. Richard Scott Lawson
    4. Robert W. Chestney
    5. Jessica Ruth Towne
    6. ···
    6 lawyer answers

    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.

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

    Answered about 5 years ago.

    1. Robert W. Chestney
    1 lawyer answer

    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

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