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T. Kevin Mooney
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T. Kevin Mooney’s Answers

4 total

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

    I was just curious why some DUI's from the same night were listed as just DUI, and mine was ALCOHOL CONCENT .08G OR MORE W/3HRS OR MORE... Does this mean 3 hours after the first Breathe test? or within 3 hours? if the latter, why even say within 3...

    T. Kevin’s Answer

    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.

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  • Dirst time offense

    I was pulled over with a friend who had not been drinking. I had been drinking at the house but I was not driving. The officer said he smelt alcohol and asked to breathalyz us. I blew a .41 and my friend blew a .000. The officer said I would recei...

    T. Kevin’s Answer

    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.

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

    I was stopped at a road block. I first provided a blood sample and later asked for the Breathalyzer as an independent test about 45 mins after my arrest. If it was reduced to reckless driving, would I be able to have the DUI arrest expunged from m...

    T. Kevin’s Answer

    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 the recently-revised Expungement law (now known as Records Restriction), you will not be able to expunge the DUI from your record with a Reckless plea. You should sit down with an experienced DUI attorney for a full consultation; way too many factors to consider in your circumstance.

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

    Will the DA look at my offense as a 2nd DUI or just a first time offense? Jail time?

    T. Kevin’s Answer

    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. Get an attorney. You'd be a fool to go it alone. And, don't let the the 10-day rule place your driving privileges in jeopardy. Seek out an attorney ASAP.

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