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Kevin Aaron Chastine
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Kevin Chastine’s Answers

165 total


  • My husband was charged with Refused Test/Implied Consent, because of misunderstanding?

    He blew on the side of road, twice; also did the roadside sobriety test and past. The officer arrested him, had him in handcuffs and started reading the Ga. State Admin. Test card to him and he told the officer, that he was already arrested and i...

    Kevin’s Answer

    If he blew a .06 at the jail too, he should be fine. You said it was a handheld device at the jail though? The official test is performed on a big, old machine that sits on a desk or table. Those handheld devices aren't very reliable, so the result isn't admissible in court. They shouldn't write him up for a refusal if they never actually took him to that machine. Although, if he told them at the scene that he would not blow at the station, then they wouldn't take him to that machine unless he told them that he was changing his mind.

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  • Car tire fell off went out control. Had 3 kids in car, had a few beer but was sober while driving home.

    We live 15 min from my brother that evening we were fixing my new suspension for my car. After that we had a few drinks. I was sober at the time, or else I wouldn't had drove 10 min home. We came to a turn out and my steering wheel swing all the w...

    Kevin’s Answer

    Unfortunately, "go hire a lawyer" may not be that helpful to you--hopefully you're already beginning that process. There are several interesting issues here.

    First, you'd need to establish that the blown tire caused the accident, because the prosecutor will assume that the tire blew as a result of your impairment. Depending on how old the kids are, they could testify about how the accident happened and back you up on the fact that the tire blew first.

    Second, as to the arrest, the officer may have had probable cause to arrest you based on the accident and your admission of drinking. But that doesn't mean the State could prove you guilty beyond a reasonable doubt--a much higher bar. The officer didn't bother to perform any field sobriety evaluations, and had no idea when you drank or what you drank, or how much you drank. It's very reasonable to believe that your tire blew after you had a couple beers over a several hour period, and there's nothing illegal about that.

    Third, it's unclear whether you agreed to take a chemical test (breath or blood). That will affect the strategy going forward. If you were sober, the test should come out fine, and if you didn't take a test then that's great, it just makes it crucially important to file the 10 day letter and do a good job of negotiating to get your case reduced. It's possible to save your license and avoid that year long hard suspension for refusing to blow.

    Finally, were you charged with child endangerment also? Each child endangerment charge is like another DUI. So you could be considered a habitual violator by DDS just for this one incident if you're not careful. It's important to get rid of those extra charges.

    I hope that's helpful, and if you hire a lawyer I'm sure you'll discuss those issues and others. That said, I agree with the other answers--you do need a lawyer ASAP.

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  • Can you get a DUI if you're just sitting in your vehicle for heat?

    A friend got a DUI. She went outside to smoke a cigarette and had a beer with her. She got in her car to turn it on for heat. She did not move her vehicle and it was legally parked. Is there a possible way to get the charges lowered?

    Kevin’s Answer

    Technically, if the car is capable of moving, she can be charged with a DUI. Even if the car never actually moved. I'm wondering why the officer even approached her in the first place, if he saw her holding the beer or what. The outcome will depend partly on her history--if she has no prior alcohol-related charges, she should be fine with a good DUI attorney, but the prosecutor may push back more if she has had any prior issues.

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  • How can I beat my DUI charge? My BAC level was .123. No PRIOR convictions. I have a doctors note for Acid Reflux.

    I was charged for A DUI nearly a month ago. The cop ticketed me first for passing a red light which I did because of his aggressive approach from the back in trying to get me. The officer did not perform any sobriety test prior to handcuffing me. ...

    Kevin’s Answer

    You have some excellent issues here that should make this a strong case for a reduction. The acid reflux diagnosis can really cast doubt on the breath rest result, and it's great that the diagnosis was before the arrest. Also, the court might not even get to that issue if there was no probable cause for the arrest. Without any field sobriety evaluations, you have a strong argument that the officer didn't have enough reason to arrest you. There's nothing illegal about having a couple of drinks like you did--only if it makes you a less safe driver--and there's little to no proof of that. There could be other issues too, including whether the officer properly read the implied consent notice to you immediately after putting you in handcuffs.

    That said, the prosecutor is extremely unlikely to give you a reduction if you're not represented by competent counsel. Call around and find an attorney you trust at a price you can afford.

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  • My husband was arrested for aggravated assault against me. Can I ask for counseling instead of jail time?

    This is the first yr of marriage for us and we have been dealing with the both of losing jobs and having bills. I don't want him to miss the birth of our second child.

    Kevin’s Answer

    I agree, your word should hold some weight with the prosecutor, but they will be very concerned for your safety and the safety of your children. Does he have any kind of record? Negotiations will be tougher if he has any violent history, but the key is to get whatever treatment he needs in order to give the court and the prosecutor some comfort that he's going to learn from this. That is, of course, after exploring all possible defenses to the case. Usually we will use any defenses in the case case in conjunction with some form of classes or treatment and try get a reasonable deal that keeps him out out of jail and keeps this off of his record, if at all possible.

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  • If posted on bail for a battery charge till court date, can other party press charges still and i be sent back to jail.

    altercation was taken place at my house with uninvited guess. then my husband was being choked so i sprayed pepper spray on the other party then again on his wife who was scratching and hitting him with his keys. Sheriff of Fulton Ga arrested me a...

    Kevin’s Answer

    You really shouldn't be arrested twice in Fulton county for the same incident. That said, I suppose it could slip through the cracks if, for instance, the officer charged you with battery on the husband and then the wife went and filed her own police report. Do you have reason to think that there's a second warrant coming? That would really be out of the ordinary if it happened.

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  • What happens when you've been indicted and charged with two counts of aggravated child molestation, statutory rape,

    35 yrs. Old

    Kevin’s Answer

    These are serious charges that could involve significant jail time. Have you been booked and bonded out? If not, that will need to happen, and you need to retain an attorney as soon as possible.

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  • A month ago I got in a car accident and being charged with a DUI.

    I am going to court tomorrow morning and thinking of pleading not guilty. I was scheduled for surgery two days after my accident to repair bleeding ulcers and Gerds. 30 days before that my doctor had put me on Xantac because of anxiety of throwing...

    Kevin’s Answer

    • Selected as best answer

    It's really a shame that they chose to arrest you under these circumstances. It sounds like you were in no condition to perform field sobriety evaluations, and your medical condition presents a very good defense to the DUI charge. Unfortunately, most prosecutors don't take you seriously if you're not represented. You may qualify for a public defender, though a private attorney will be better able to devote the time that your case deserves. Many lawyers offer payment plans, and pleading guilty could cost you more in the long run. Make some calls (most will talk with you for free), and see if you can work something out with an attorney you trust.

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  • Arrested for DUI in a convenience store parking lot while off the vehicle due to not being able to walk after disability issue

    I'm physically disabled due to being a lower leg amputee and I must use a device such as a prosthetic leg, wheel-chair or crutches to get around, usually the prosthetic leg and handle it OK. One evening I was coming from a friends place on my moto...

    Kevin’s Answer

    • Selected as best answer

    If you refused a portable breath test at the convenience store, it would be difficult for the prosecution to show that there was enough of a reason to arrest you for DUI. You didn't commit any traffic violation, and an odor only indicates that you had consumed alcohol earlier--it doesn't show that you were impaired by it. I assume the officer didn't have you walk a line or anything like that, but did he have you follow his finger/pen with your eyes? It seems like you have a very strong case, especially if there were no field sobriety evaluations. That said, if you refused to blow at the station after arrest, you could be looking at a hard suspension of your license without a work permit. So it's important to get an experienced DUI lawyer who you're comfortable with to get the charges reduced as soon as possible and protect your license. You should be able to find representation at a reasonable price, with a payment plan if you need one. Best wishes to you

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  • What are my chances of getting my .09 charge reduced or dismissed.

    Pulled over for expired tag, Georgia, did sobriety test then a breathalyzer but his battery died so just took me in on suspicion. Blew a .095 then a .092 at the station. Just left arraignment and they wouldn't offer me a plea bargain so I said not...

    Kevin’s Answer

    If you were pulled over just for an expired tag, were cooperative and blew that close to the limit, I'd expect you to look good on the video if there is one. Do you have any prior arrests? If not, you should have a great chance at a reduction, though I'd need to hear more about the case. If you have any priors, it's still possible but just more difficult to get a prosecutor to cut you a deal. $3000 is a reasonable fee and well worth it over a public defender. Just make sure you retain someone who's serious about fighting your case as long as it takes, not just someone who would take your money and then encourage you to plead out to whatever the State is offering.

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