T. Kevin Mooney’s Answers

T. Kevin Mooney

Atlanta DUI / DWI Attorney.

Contributor Level 3
  1. What does the, W/3 HOURS OR MORE, mean in my charge listed "ALCOHOL CONCENT .08G OR MORE W/3HRS OR MORE"? Thanks

    Answered 5 months ago.

    1. T. Kevin Mooney
    2. Warren Glen Taylor
    3. James Lawrence Yeargan Jr.
    4. Benjamin David Goldberg
    4 lawyer answers

    Under Georgia Code 49-6-391(a)(5) you can be guilty of DUI if your alcohol concentration is over 0.08 grams within three hours of driving. That's the reference. The State must prove that the number results from alcohol consumed prior to the actual driving.

    5 lawyers agreed with this answer

  2. I was arrested 3 years ago for a DUI in Ga but it was dropped to reckless driving charge . I just got another DUI

    Answered about 2 years ago.

    1. Charles Christopher Flinn
    2. Douglas Brooks Rohan
    3. Justin Spizman
    4. Zachary Walter Procter
    5. George F. Mccranie IV
    6. ···
    10 lawyer answers

    Even a first DUI in Georgia mandates jail time. However, the venue for your case can greatly affect the severity of sentence. Because your prior was reduced, the new case technically is a 1st DUI, requiring only minimum 1st DUI sentence parameters. However, as pointed out by several attorneys herein, both the prosecutor and judge will be less inclined to allow a bargain on your case, and more likely to give a harsher sentence due to the prior arrest, albeit a reduced outcome on the prior....

    5 lawyers agreed with this answer

  3. Dirst time offense

    Answered 5 months ago.

    1. Brandon Michael Rosenbloom
    2. Michael David Barber Jr.
    3. Warren Glen Taylor
    4. James David Michael
    5. Benjamin Von Schuch
    6. ···
    7 lawyer answers

    You likely blew a point zero four one rather than what you wrote. Confusing set of facts. Not a do it yourself project, though. Get some good advice/counsel to consider your best options from an informed perspective.

    3 lawyers agreed with this answer

  4. What is the likelihood of getting a DUI reduced to reckless driving or dismissed If I blew a .70? Can this be expunged?

    Answered 6 months ago.

    1. Brandon Michael Rosenbloom
    2. James David Michael
    3. John Arnold Steakley
    4. Benjamin David Goldberg
    5. Noah Howard Pines
    6. ···
    11 lawyer answers

    Certainly you meant to say you blew a 0.07 (you'd probably be dead at a .70). There is a possibility your entire case can be dismissed based on a challenge to the legality of the Roadblock; in which case the test results are irrelevant. If the Roadblock is established legally, and if the State's blood test comes back from the GBI under the legal limit; the GBI will usually test also for drugs/medication which could be impairing independently of the alcohol or in combination with it. Under...

    2 lawyers agreed with this answer

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