Douglas Blake Chanco's Answers

How did i get a DUI when i blew a 0.0?

DUI does not necessary mean that alcohol has been consumed. Driving Under the Influence can include other drugs (such as marijuana) or even prescription medication. However, just like DUI alcohol, the prosecution must prove that the marijuana has caused some sort of effect upon your operation of the motor vehicle. If properly trained, officers are taught by the NHSTA (national highway safety traffic administration)manual about drivers who are under the influence of drugs, and the most...

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If someone has numerous DUI's on their record from 1975-96 and they receive another Dui in 09 are the Habitual Violater?

At the present time, Georgia has a 10 year look back on DUI in determining the severity of punishment. However, all of the prior DUIs can be used as similar transactions against a citizen at trial. [Assuming that the State can meet all of the requirements needed for presenting a sim. tran on a case as old as you are discussing]. In reference to HV status, the lookback is 10 years, so from what you are saying this will not apply to enhance the punishment your case.

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In the state of Georgia, if I take a defensive driving class before court, could i possibly get the ticket dismissed?

The short answer is that it depends upon a lot of different factors, including what specific Georgia juisdiction you are dealing with. Defensive driving certificates can be used to mitigate the circumstances and get a lower fine or even have some of the miles 'knocked off' of the ticket in some courts but in others they do not have much impact. The best advice I could give you is to negotiate with the Solicitor in charge of the traffic court and see what they are willing to do. I always tell...

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I was arrested for dui last nite and the arresting officer didnt give me the DS 1205 form

The short answer is yes, it is always better to be safe instead of sorry. If no 1205 was initiated in your case, you will suffer no harm by requesting a hearing. What you will do is protect your interest. A drivers license is a privilege and not a right in Georgia. Therefore, it is a lower standard of proof. What this ultimately means is that if the officer says he issued one and you say you did not get it, he will prevail and you wont have a license. Filing for the hearing will give you...

How do i get my own criminal background report

Go to your local county police department, request a background form, and provide the necessary information. There is usually a nominal fee associated with it (approximately $25.00). You are also going to need to bring either your driver's license or state ID card to verify your identity.

Will a 12 year old DUI charge show up on a FBI criminal background check

Criminal offenses that have been added to your NCIC do not have any type of discharge period like a driver's license citation history. Once the charge has been added, it will either have a disposition, a not prosecuted status, or show that the charge remains open. At no time will it just disappear.

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Can I visit Canada with a Washington State DUI conviction?

I have had clients with this same concern from the state of Georgia attempting who conduct business in Canada. Unfortunately, Canada treats DUI as a felony, even if the state who convicted you labeled it a misdemeanor, and can deny entry because of that.

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Charged with 2nd DUI, not intoxicated

The charge of DUI is not limited to just alcohol. It is very common for citizens to be charged with a DUI for "being under the influence" of a prescription drug. However, it is far more difficult for an officer to determine impairment based on drug use than it is based on alcohol. One reason for that, is that drug use is part of the more advanced police officer training provided to them through NHTSA ie. such programs as ARIDE and DRE. If your officer is not properly educated, it becomes...

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How can I get a DUI charge dismissed under North Dakota DUI laws

DUI is a very complicated and technical area of the law, and I would highly recommend that you hire competent legal counsel who regardly tries cases in this area of the law. In answer to your concerns, miranda comes into play in reference to a citizen who has been placed under and arrest and then subsequently questioned by law enforcement. In the event that you answered any questions asked to you by the officer after your arrest, your statements could be excluded from use as evidence against...