If you were pulled over because of an accident, police had the right to approach you and question you. Even if you refused field sobriety tests, the officer can arrest for DUI based upon physical manifestations, driving and other evidence such as an open container in the car. Refusals are easier to handle than cases where the person performed all of the FSTs and state breath test. Feel free to call my office for a free consultation. 90% of my cases are DUI cases.
Yes, but the State must prove he was in control of a moving vehicle while impaired by alcohol. If he was pulled over on the side of the interstate, it would be hard to argue against the above if he had all of the manifestations of intoxication and gave a breath test. If he was parked outside a bar at 1am, there is an argument he went to the bar sober, got druck there, and passed out in his car.
No. Don't call him back. If he calls you or your Mom, absolutely DO NOT speak with him. Tell him you are busy. If he keeps calling, find an attorney, tell the detective that you have retained counsel and give the detective your attorney's number.
Yes. While on probation, you are not supposed to get into any kind of trouble. Some courts assume that if you were arrested and charged with a crime, you are culpable enough to have at least a probation hearing. During the hearing, the judge could even ask to see the police report in determining your fate.
It may be possible to plea in absentia (make a plea through your attorney without being present). You need to hire an attorney. Call my office with the details, and we will find out whether or not you may plea in absentia. If a plea in absentia is available, you will be required to have all of the penalties and fines paid in advance, such as 1)DUI school, 2)Drug and alcohol evaluation, and 3) 40 hours of community service.
With an out-of-state license and a loss at the ALS hearing, one cannot get a limited permit. Same is true if someone pleas or is convicted of DUI. This situation can be resolved easily by getting a GA drivers license....if one has time to do so.
However, a "win" at an ALS hearing is usually easy: 1) Show up on time (NEVER be late). If officer is a no-show, it's a default win; or 2) Agree to whatever terms the officer demands (usually agree to plead guilty to DUI in the criminal case) in...
You are lucky. There was Georgia Bill that just passed recently governing this type of "vulture capitalism". http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/150
I believe the law comes into effect on July 1, 2013.
This bill will prohibit the use of an individual's persona for commercial purposes without authorization. Since it is new law, it is difficult to say how things will work out. You will definitely have a right to have it taken down, but how? Will Mugshot.com take...
Whether you are asking if the denial was legal or the sentence is legal, the answer to both is "yes". The judge can sentence someone for up to one year for a single DUI charge. 280 days is very harsh, and it seems to me some extenuating circumstances were involved. Perhaps you took it to trial and got on the stand. Some judges will hammer you if you do that and get convicted.