Erin H. Gerstenzang’s Answers

Erin H. Gerstenzang

Atlanta DUI / DWI Attorney.

Contributor Level 4
  1. I received a DUI for being the passenger of a parked car which a marijuana cigarette was found . Now I have a DUI? Is this legal

    Answered about 2 months ago.

    1. Michael David Barber Jr.
    2. Benjamin Von Schuch
    3. Erin H. Gerstenzang
    4. Noah Howard Pines
    5. James Lawrence Yeargan Jr.
    5 lawyer answers

    Normally, a DUI investigation does not target the passenger of a vehicle and based on that fact alone, it may be worth looking into the facts of the case to determine whether there was sufficient evidence to support a DUI arrest. My concern is that it sounds like you have already entered a plea of guilty to DUI. If that is the case, in Georgia a fine for a first DUI can be as high as $1000.00. The reinstatement fee of $210.00 is standard along with the DUI School fees. You may want to...

    4 lawyers agreed with this answer

  2. Accidentally passed a school bus. no ticket yet

    Answered about 2 months ago.

    1. Erin H. Gerstenzang
    2. James Lawrence Yeargan Jr.
    3. John Arnold Steakley
    3 lawyer answers

    It is possible that you will not receive a ticket at all. However, if you do, it will likely be a different type of traffic ticket than the one you would have received had an officer witnessed the traffic violation. You may want to talk to an attorney -- even if you don't hire one -- if you do receive the ticket in the mail to make sure you understand the consequences of that ticket.

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  3. Got a dui and refused the field sobriety test implied consent was never read. can this be thrown out?

    Answered about 2 months ago.

    1. Michael M. Hawkins
    2. Noah Howard Pines
    3. Benjamin David Goldberg
    4. Michael David Barber Jr.
    5. Ian Zimmerman
    6. ···
    10 lawyer answers

    Based upon your description of the facts, it sounds like you should talk to an attorney about this case. Roadblocks are notoriously problematic for the prosecution and you would want to have an experienced attorney review the manner in which the roadblock was set up. When a roadblock is found to be unlawful, then the prosecutor will not normally be permitted to go forward with the DUI charge. It is unclear which breath test you took. If you were tested on an Intoxilyzer then the absence...

    3 lawyers agreed with this answer

  4. Charged with DUI less safe in Gwinnett, GA and have some questions....

    Answered about 2 months ago.

    1. Brandon Michael Rosenbloom
    2. Erin H. Gerstenzang
    3. Ian Zimmerman
    4. James Lawrence Yeargan Jr.
    4 lawyer answers

    You should have the opportunity to get a "reset" -- a new court date to allow you an opportunity to speak with a lawyer. This is pretty routine. The initial court date is merely an arraignment - which means it is the first of a multiple court dates. You should be able to get instructions on applying for the public defender in court, or if you call in advance you may be able to complete the application in advance of that initial court date.

    2 lawyers agreed with this answer

  5. If my license was suspended in 1996 due to a ticket that i still owe how long will the suspension last if its 2014

    Answered about 2 months ago.

    1. James Lawrence Yeargan Jr.
    2. Erin H. Gerstenzang
    3. Robert Jason De Groot
    3 lawyer answers

    You should be able to contact the original court that suspended your license to find out what steps you need to take to lift the "FTA" suspension (failure to appear). If you are unsure of the court, then contact the Department of Driver Services - the court should be listed on your driver's history.

    1 lawyer agreed with this answer

  6. Should I do the pre-trial diversion program or plead not guilty?

    Answered about 2 months ago.

    1. Jonathon Justin Majeske
    2. James Lawrence Yeargan Jr.
    3. Erin H. Gerstenzang
    4. Valerie Semmes Bouffiou
    4 lawyer answers

    For many people this comes down to a financial decision. You may very well be able to get the charges dismissed - especially with a lawyer's help. It sounds like the prosecutor may not have sufficient evidence against you in this case. That being said, not everyone is in a position to hire a private attorney or qualify for the public defender. There is nothing inherently wrong with entering the pre-trial diversion program. However, depending on what is required by the court - it could...

    1 lawyer agreed with this answer

  7. VA. driver's license suspended on a judgement

    Answered about 2 months ago.

    1. James Lawrence Yeargan Jr.
    2. Erin H. Gerstenzang
    3. Robert Jason De Groot
    3 lawyer answers

    Before any state will issue a new driver's license that state (in this case Virginia) will check with the National Drivers Register to determine if any other state has a suspension or "hold" on your license. It sounds like you had a Georgia license and it was suspended in connection with the civil suit in 2006. Unfortunately, you will not be eligible to get a new license in any state until you clear up the hold in Georgia.

  8. How can I avoid jail time for being a habitual driver license suspended. I have received 4-5 violations for the same thing?

    Answered about 2 months ago.

    1. John Arnold Steakley
    2. Erin H. Gerstenzang
    3. James Lawrence Yeargan Jr.
    4. Jay Scott Finnecy
    4 lawyer answers

    You should, of course speak to an attorney. If you have already entered a guilty plea to all of the charges, then your options are limited. If one or more of those cases are still open, an attorney may be able to work out an alternative resolution. A lot of that will depend on the court you are in and the specifics of your case(s).

  9. What should I do about Court, if I can't make it?

    Answered about 2 months ago.

    1. Brandon Michael Rosenbloom
    2. John Allen Lawson
    3. Erin H. Gerstenzang
    4. James Lawrence Yeargan Jr.
    5. Jay Scott Finnecy
    5 lawyer answers

    It should be fairly easy for an attorney to handle that appearance for you. However, it is not always financially feasible to hire an attorney. You may have some success calling the clerk of the court and asking for a reset due to your transportation difficulties. If you can't hire an attorney, you should ask about speaking with a public defender. If you don't get a new court date and you fail to appear, the Judge may suspend your license (FTA suspension) or issue a bench warrant so missing...

  10. What happens if you pled not guilty and the DA keeps asking for more time when all the evidence they have is a 911 call ?

    Answered about 2 months ago.

    1. John Arnold Steakley
    2. Erin H. Gerstenzang
    3. James Lawrence Yeargan Jr.
    4. Jay Scott Finnecy
    5. Thomas G. Briody
    5 lawyer answers

    You should talk to your brother's lawyer about this - there may be a legal justification for the delay. It is not uncommon for criminal cases to take more than a year to be resolved. It is however extremely frustrating to have a loved one in jail with no clear end in sight. There are options available in some limited circumstances to expedite a criminal case, however those options may not be in your brother's best interests.

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