Sean Phillip Park’s Answers

Sean Phillip Park

Atlanta Litigation Lawyer.

Contributor Level 4
  1. DA 1205 form was filled out incorrectly by arresting officer . . . Does this help me ?

    Answered over 1 year ago.

    1. Douglas Brooks Rohan
    2. L. Ty Wilson
    3. Robert M. Gardner Jr.
    4. Allen Rust Knox
    5. Sean Phillip Park
    6. ···
    6 lawyer answers

    You need to request a temporary hearing with dds within ten days of your arrest or your suspension will be upheld and you could be without a license for up to a year. My office handles primarily DUI cases and I'd be happy to speak with you over the phone to discuss the particulars of your case.

    8 lawyers agreed with this answer

  2. I have an attorney and have a calender call next week -do i have to go to.

    Answered over 1 year ago.

    1. Justin Spizman
    2. Sean Phillip Park
    3. Matthew Mckenzie Murray
    4. Robert M. Gardner Jr.
    5. Darrell Brinnett Reynolds Sr.
    6. ···
    10 lawyer answers

    Every court has their own rules as to whether a defendant must appear at calendar call or waive their appearance if they are represented by counsel. Most courts, however, require the presence of the defendant at any trial calendar or court appearance beyond formal arraignment. If you have an attorney, the best advice would be to follow the instructions of your lawyer as he/she will be familiar with the specific court's requirements.

    5 lawyers agreed with this answer

  3. I got ticket for making u-turn ,but I was driving on a restricted permit

    Answered over 2 years ago.

    1. Jodie E. Rosser
    2. Sean Phillip Park
    3. James C Forslund
    3 lawyer answers

    If you've already paid the ticket, there should be no further punishment for you. The reason for the subpoena is probably a result of you following your friend home and the state seeking to call you as a witness in a case against him. Was your friend arrested for DUI or some other serious traffic offense? Look closely at your subpoena - it should be clear as to why your being hailed into court. If its not, call the agency that is issuing the subpoena and found out why they want you there.

    3 lawyers agreed with this answer

  4. Do I need to inform my employer I was in jail for a DUI. I posted bail and am waiting to appeal the charges

    Answered over 2 years ago.

    1. Wayne Rodgers Foote
    2. Sean Phillip Park
    3. Joseph John Nash
    4. George F. Mccranie IV
    5. Gregory David Spink
    5 lawyer answers

    Unless your employer has some requirement that you keep them informed of any criminal offenses as a condition of your continued employment, I don't think you need to inform them of your arrest. This may sound a bit cliche, but you are innocent until proven guilty and telling your employer may do you more harm than good at this early phase of the proceedings. CAVEAT: If your job requires you to drive and you were served with an administrative suspension form upon your arrest (DPS 1205 form)...

    3 lawyers agreed with this answer

  5. Can you go to jail if you cant pay your fine and probation payment if your not working? is it better to pay off fine rig

    Answered over 1 year ago.

    1. Sean Phillip Park
    2. Benjamin David Goldberg
    3. A James Rockefeller
    4. Darrell Brinnett Reynolds Sr.
    5 lawyer answers

    Short answer - maybe. Depends on the judge you're in front of. Lone answer - it depends on your individual case and what efforts you have made to pay off your fines and what efforts you have made to find work or otherwise earn a living if you are out of work and having trouble making ends meet. The key is documentation and communication both to your probation officer as well as the judge if you are brought back into court to explain to judge why you can't pay fines. And, YES, the sooner...

    2 lawyers agreed with this answer

  6. I used the term "I'd rather not" when i was asked to take a blood test by an officer in dui case.

    Answered over 2 years ago.

    1. Douglas Brooks Rohan
    2. Sean Phillip Park
    3. Charles E.W. Barrow
    4. A James Rockefeller
    4 lawyer answers

    As I tell all of my clients, potential clients, friends and anyone who will listen to me, the best thing that anyone can do when under suspicion of DUI is to: 1. Be as polite as you can be to the officer 2. Assume you are on video 3. Respectfully decline any of the field sobriety testing - they tests are voluntary and you don't have to take them in Georgia 4. If the officer still decides to arrest you and reads you the implied consent notice to request a sample of your blood or breath,...

    2 lawyers agreed with this answer

  7. My son was stopped a mile from the house on dirt roads for drinking and passed the field sobbriety test, but registere 0.82

    Answered over 2 years ago.

    1. Zachary Walter Procter
    2. Sean Phillip Park
    3. Philip Daniel Hache
    4. George F. Mccranie IV
    4 lawyer answers

    There are a few inconsistencies with your question. If your son got to a point where he was registering a reading on the breathalyzer, the officer had already made a decision that he was less safe to drive and placed him under arrest. If there was incorrect information written down on the citation, that might be good ammunition for an attorney to attack the inconsistencies with the State's case, however the strength of the State's case against your son is going to come down to the video...

    1 lawyer agreed with this answer

  8. If my 1st offense DUI is transferred to state court, what is the process after arraignment?

    Answered over 2 years ago.

    1. Zachary Walter Procter
    2. David Edward Boyle
    3. Ted Harvatin
    4. Sean Phillip Park
    4 lawyer answers

    If you have already been through arraignment, the amount of time you have to prolong your case will depend on the type of trial you selected. If you asked for a bench (judge) trial, you likely were given your next court date at your arraignment - probably no more than 6 weeks from your arraignment date. If you opted for a jury trial, your next calendar will be the calendar call for the court to inquire if you are prepared for trial. At that point, you can ask the court for a continuance and...

    1 lawyer agreed with this answer

  9. I took a breathalyzer that gave a sample of .052 and indicated a insufficient sample afterwards. Does this mean it's inaccurat

    Answered over 2 years ago.

    1. Kevin Aaron Chastine
    2. Wesley Kent Hill
    3. Lance Warren Tyler
    4. Sean Phillip Park
    5. Wayne Rodgers Foote
    5 lawyer answers

    When did your arrest occur? As the other lawyers have mentioned, time is of the essence if you want to preserve your privilege to drive. I handle DUI cases in the Atlanta area and my office is based in Suwanee (but I actually live in Atlanta). I'll be happy to speak with you at no charge to determine more specifically what options you have. I'm a former prosecutor who has tried many DUI less safe cases - and you can bet that the officer is going to use your asthmatic condition against you...

    1 lawyer agreed with this answer