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David Howard Goldstein

David Goldstein’s Answers

16 total


  • Violated probation for dui/possesion less than ounce. Wife had stroke 6 months later and I stopped reporting and paying

    was unable to afford it and i did complete community service of 100 hrs. my firsand only offense like this ever.

    David’s Answer

    The above suggestions of providing documentation to the probation officer regarding your wife's stroke, as well as proof of your economic situation are excellent. I would consult with a local attorney who has experience with probation in your court. That person would have the most specific answers as well as what to expect from the judge. Be aware that there may be a warrant for your arrest at this time.

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  • I got citation for possession of alcohol. Will they restrict me from getting my license? Also will it make my insurance go up?

    I am guilty, I was drinking. I had two beers and blew a .06 (I took my inhaler quite a few times before the breathalyzer and later read that it can make the BAC go higher) This is my first offense, I have never been in legal trouble before.

    David’s Answer

    If you may have a legal defense you should contact and experienced dui attorney to evaluate your case. Minor in Possesion does carry a 6 monthh license suspension and your insurance company may notice the license suspension when they request your driving history.

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  • Dui & under age drinking

    I was arrested for underage drinking and DUI at a routine traffic stop. But i only blew a .068. What will likely happen to me?.This is my first offense beside one speeding ticket

    David’s Answer

    If you plead guilty to dui (under .08) and underage drinking in Georgia, your license could be suspended for 6 months on the dui and 6 months on the underage drinking, additionally, fines could be $1000 or more, community service, a drug and alcohol evaluation and any reccomended treatment, a risk reduction class, as well as jail time and at least 12 months probation depending on the jurisdiction and facts of the case. My advice is to consult an experienced dui defense attorney before making any decision that may affect your privilege to drive or your liberty to be free.

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  • What is the punishment for misdemeanor probation violation in georgia on a dui case?

    the cops came to our home to arrest her,sais she had no bail and might be held for weeks befor she sees the judge.what can her lawyer do to get her released sooner?

    David’s Answer

    I agree that there is little an attorney could do to get this person out of jail sooner. In this situation the best attorney is probably one that practices frequently in the arresting jurisdiction. There are situations were an attorney can get a probation bond or the hearing moved sooner. This would involve being familiar with the judge, prosecutor, and probation officer. Also, the nature of the original charges and the reason for the probation violation warrant, would factor into the person's release date.

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  • I am trying to write my 10 day letter, what should be included in this letter?

    I got a DUI and am trying to write my 10 day letter to retain my driving permit. Does anyone know what needs to be included in this letter?

    David’s Answer

    If you recieved a yellow (or white copy) of a 1205 form, notifying you that your driver's license is suspended, all the required information is on the back of the form. Ususally putting the date of your arrest, location of the arrest, arresting officer and jurisdiction, driver's license number, and birth date will suffice. Also include that youy are contestinf the suspension of your driver's license. If you are contesting the suspension of your driver's license, I highly reccomend you seek the advice of an experieneced dui defense attorney.

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  • Can I drive on a DUI Citation?

    I was told by someone that I could in fact drive in my county as long as I obeyed the traffic laws. However, last night I was told I could only drive on the citations for 30 days.

    David’s Answer

    It sounds like you were issued a yellow "1205" form. This is also a 30 day temporary driving permit. The driving permit is located at the bottom of the yellow form. When the police officer suspects you of driving under the influence in Georgia, the officer will read an implied consent notice. If you refuse the state administered test, or agreed to the state administered testing and registered a 0.08 BAC or greater, the officer will suspend your driver's license. The officer will aso give you a "1205" form with the temporary driving permit explained above. When you recieve a "1205" form you have ten business days to appeal the officer's decision to suspend your drivers license. If you have questions or concerns you should deffinitely contact an expereienced DUI attorney.

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  • What is a good response to an officers question, " have you been drinking tonight."

    My husband and I went out to dinner and had 1 beer each with dinner. Went to a bar to play pool and had 1.5 beers each at the bar. This was over a three hour period, I have the receipts to prove it. Left just before midnight and were pulled ov...

    David’s Answer

    In such a situation, there probably is no answer that would have resulted in no arrest. I guess the best answer would be to say nothing, However, the real question to ask is, what do you do now that you have been arrested. It sounds like your husband did the right thing by refusing all testing. By refusing field sobriety testing your husband denied the police the opportunity to gather evidence to convict your husband at trial. Your husband should contact a local, experienced dui defense attorney to discuss how to fight your case.

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  • Can two Dui's be expunged from my record for a price?

    Misdemeanor convictions

    David’s Answer

    Each state and each county may have different rules regarding expungement. I reccomend finding a local attorney to try and expunge the dui in Georgia and the dui in Pennsylvania separately. That said, if you have already pled guilty or been convicted of DUI in Georgia, my opinion would be that you could not get the Georgia DUI expunged.

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  • What do you legal pros think of the DUI court program?

    Charged with my 2nd dui in 5. I have a lawyer...he says the dui court program isnt the best route to go ...and told me I should just go to AA and my own choice of treatment before my trial date and to do some community service before I go ...so we...

    David’s Answer

    Your attorney seems to have given you good advice. As a DUI attorney I reccomend all my clients get Drug and Alcohol evaluations and any reccomended treatment prior to sentencing or trial. Additionally, I reccomend doing community service, and attending AA, if appropriate. This of course is not related in any way to whether you should plead guilty. Every case is different and everyth client is different, pleading guilty or not guilty is a decision that should be made after many consultations with your attorney. Finally, "DUI Court" programs vary significantly from county to county. Most programs have very stringent requirments and require 100% compliance.

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  • DUI reduced to reckless driving. Im trying to get into med school next year. Will schools still see the DUI on my record?

    I'm also concerned about the reckless driving charge. When asked to explain that on my application, how do I explain without mentioning the DUI? (I was charged with speeding [55/35], reckless driving, failure to maintain lane, and DUI and my attor...

    David’s Answer

    The DUI arrest will be on your criminal history, however there will be no DUI conviction, but there may be a conviction for reckless driving on your record. I do not believe you will be able to mention or explain the reckless driving charge without mentioning you were arrested for DUI. In this situation honesty is the best policy. Obtaining a certified copy of the reckless driving conviction as suggested by Jessica Towne is an excellent idea. An arrest does not mean you are guilty. For a more detailed specific answer consult a DUI defense attorney.

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