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Richard Scott Lawson's Answers
Contributor Level 11
- 121 Legal Answers
- 5 Legal Guides
2
Attorney answers:
I was arrested for DWI in NC but i live in ATL. They kept my Ga. license for 30 days. Can I still drive w my ticket in Georgia ?
You can check on the status of your license by calling 404-657-9300. Good luck.
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4
Attorney answers:
My 3rd DUI lifetime in GA, however this would be my 1st in over 12 years. What type of punishment would typical be recomeneded?
There really isn't a typical punishment in any case but a first offense DUI. To begin with, there may be problems with the State's case against you. It is always important to properly investigate your case. If the arresting officer did not follow all the right procedures, then it may impact the State's ability to prosecute you. It could lead to a dismissal or reduction to a lessor charge such as reckless driving. In the event the State' case is solid, there are things you can do to better...
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4
Attorney answers:
What should I say to the prosecutor?
When a person is charged with a felony, the question should never be what you will be telling the prosecutor. An attorney is to be an intermediary between you and the prosecutor and the police. The advantage of an attorney is not only the fact that he is trained to be your advocate. In addition, your attorney will be able to discuss your defense without having your own words be used against you in court. Your attorney will know what to explain and what to leave unexplained. If the case...
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4
Attorney answers:
If my lawyer says its not necessary for me to attend my als hearing for my 1st offense dui, is that "good advice"?
Many attorneys do not want their client there because it makes it difficult to have a frank and honest conversation with the arresting officer while their client is looking over their shoulder. Also, your attorney would never let you testify at the hearing. Therefore, there is no advantage having you at the hearing. You should make yourself available for your attorney to call you. Ot course, its your case. If you want to attend, tell your attorney you want to attend. That should be the...
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3
Attorney answers:
If I pay the tickets will I still be put in jail for not paying them on time?
I would also check today to see if your license is suspended. Call 404-658-9300. You can check the status of your license. The court can suspend your license for failure to pay your tickets. If suspended, do not drive until the tickets are paid and then you reinstate your license. Your license will not be automatically reinstated once the tickets are paid. You have to go to the DDS and pay a reinstatement fee. As for the tickets, I agree that you should contact the clerk of court....
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2
Attorney answers:
Suspension of department of defence driving privileges , i live on base with my children , husband at sea , need to appeal
I would not trust that any .12 DUI would be reduced to reckless driving unless that offer has been extended to you by the prosecutor in your case. Advice from police officers or others that your case should be reduced is not a plea offer. Only the prosecutor, which will be either a Solicitor General, District Attorney, or Assistant US Attorney can extend a plea offer. You need to hire an attorney immediately. Find an attorney in your area and get real advice. A reduction to reckless...
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2
Attorney answers:
Second marijuana possession charge
The decision to move a case to Superior Court should only be made after consulting with an attorney. That is a strategic decision that cannot be undone. If you court is pending in municipal court (for example), it is possible a case can be reduced to a local ordinance that would not be reported on your criminal record. In additional, many superior courts punish repeat offenders more severely than municipal court. Of course, a lawyer familiar with the particular court where you are charged,...
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3
Attorney answers:
What is the punishment for a first probation violarion on misdemeanor DUI probation? It is a tehnical violation.
Most technical violations can be resolved without jail time if the probationer makes a good attempt to resolve the violation. For example, if the violation is failure to complete community service, immediately volunteer over the next couple of days an knock out 20 hours of community service. I have always founds that a probationer will get jail time when his probation officer or sentencing judge loses faith in him. The key is to show good faith by making an attempt to get the condition of...
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4
Attorney answers:
I was arrested for DUI last week. This is my second. My first was 21 years ago. I live in Athens GA. What now?
The first thing that needs to be done is your ALS Letter, generally referred to as the 10 day letter. DUI Defense has changed since your last DUI. You have 10 business days to request a hearing with the Georgia Department of Drivers Services. Your attorney should do the request for you to make sure it's done correctly. The State of Georgia charges $150 to file the letter. You lawyer will pass that charge onto you as an expense. The second thing that needs to be done is the filing of...
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4
Attorney answers:
What if someone completed a case with Deferred Adjudication can it showed up on there criminal background as a conviction
There is a difference between a dismissal and an expungement. Upon completion of deferred adjudication a person gets the case dismissed. When a criminal record is viewed, the arrest will still be there. In certain circumstances, a person can apply to have the record expunged. Such expungement must be agreed upon by the prosecutor. As a result, it is best to have the expungement agreed upon prior to the plea bargain and as a condition therein. Otherwise, they may not agree to it after the fact.
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