Robert W. Chestney’s Answers

Robert W. Chestney

Atlanta DUI / DWI Attorney.

Contributor Level 7
  1. Can a police officer see your hospital records to check if you were dui after a car accident.

    Answered over 5 years ago.

    1. Robert W. Chestney
    2. Lars A. Lundeen
    3. James Robin McKinney Jr
    3 lawyer answers

    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

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

    Answered about 5 years ago.

    1. Robert W. Chestney
    2. Karyn T. Missimer
    2 lawyer answers

    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.

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

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Robert Lee Marshall
    3. George Fredrick Mueller
    4. Matthew Edward Williamson
    5. Robert W. Chestney
    6. ···
    6 lawyer answers

    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.

  4. Can i get a DWI in a Hotel Parking lot w/o driving? I was on my cell phone with the keys in the ignition, but was NOT driving.

    Answered over 5 years ago.

    1. Richard F Kodzis
    2. Edward Jerome Blum
    3. Robert W. Chestney
    4 lawyer answers

    You absolutely need MD counsel to accurately answer your question, because this issue is state-specific. In GA where i practice, one of the elements the state must prove beyond a reasonable doubt is that you operated a MOVING vehicle while under the influence. But many states only require operation of the vehicle.

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