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Clara Elise Bryant

Clara Bryant’s Answers

6 total

  • Is it worth hiring a lawyer for first time DUI in Statesboro, Georgia (Field BAC: .179, no accidents/damage caused)?

    I was trying to pick up a friend who was lost and distressed at 3 in the morning, after the the town's free DD service stops running. I'd had good bit to drink earlier, but had stopped drinking about 60-90 minutes prior to my arrest. Anyway, at so...

    Clara’s Answer

    Yes. You definitely NEED to at least get a consultation with a DUI lawyer. Especially if this is your first DUI in your life, there are many things a good DUI specialist attorney could try to do for you to save your driver's license from getting suspended and to protect you from the DUI conviction (and all of the negative consequences that go along with having a DUI on your record.) Good luck with this!

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  • Does a Reckless Driving conviction violate my felony probation conditions and possibly send me to jail?

    I am on Felony Probation in Georgia and i was charged with a DUI. The DUI may be lowered down to Reckless Driving soon. Will the Reckless Driving conviction violate my probation. Is Reckless Driving a criminal charge such as a misdemeanor or is it...

    Clara’s Answer

    Yes- the reckless driving (even though it's just a misdemeanor) counts as a violation of the law for probation purposes. Even just getting arrested for the DUI means you've violated your probation.

    Now you are going to have to have a probation revocation hearing where the judge will look at your new charges and decide whether they mean that your probation should be revoked- meaning that you'd have to spend some or all of the rest of your original sentence in jail. So, if you had two months left of your probation, you'd do those months in jail.

    NOTE: You need to be very careful right now to not get arrested. If the cops pick you up now, they'll see a probation hold/violation on you and you won't be able to bond out of jail until the probation matter has gone before a judge and been handled. (Depending on which county you got arrested in/ which county your probation is in, this can take a while.)

    If you hire a lawyer, he/she could try to negotiate with your prosecutor and probation officer to see if they'd agree to reinstate your probation (probably with some added conditions) so you can avoid jail. Good luck with this.

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  • Can I get a ticket for parking in the handicap spot in my apartment complex

    I lived here for five years with no handicap neighbors and sometimes me and my neighbors park there when there's no other parking. The apartment manager hasn't had a problem with it

    Clara’s Answer

    Unfortunately, it doesn't really matter what the accepted practice in your apartment complex has been regarding parking in the handicapped spot. If you don't have a handicap parking permit (and, even if you do have one, but it isn't properly displayed in/on your vehicle) you can certainly get ticketed if you park in the handicapped spot. Sorry! Best of luck!

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  • Got a ticket for going 53 in a 35 in Dekalb County. I have never even gotten a warning before this, should I go to court?

    The officer did not make any attempt to come to my window or look me in the eye while getting my information and writing my ticket. I had just left the children's hospital and was visibly upset. I did not try to give him excuses, but I was hoping ...

    Clara’s Answer

    I agree with Mr. Yeargen's answer but I would stress that you should get a lawyer. That way he or she can go to court for you and do the negotiating with the prosecutor* to get you into a diversion program or get the speed lowered so that you can avoid getting points on your driver's license. As it stands, your observed speed was more than 14 mph over the posted limit, so a conviction or straight guilty plea will put points on your driver's license, which will have negative repercussions both on your driving history and your car insurance premiums.
    *In my experience in traffic courts, prosecutors tend to take you and your wishes regarding your case more seriously when you have a lawyer with you or appearing on your behalf. Otherwise, you're just another face standing in the (usually quite long) line, begging the overworked and uninterested prosecutor for leniency in your particular case.. you get the picture. Good luck!

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  • What is the effect of a nolle prosequi??

    I had an ***OLD*** DUI in Atlanta and I finally appeared in court last month and I guess the paperwork has been lost or the cop quit or something and the DA just offered the judge to enter a "Nolle Prosequi" on the case and they let me go. What do...

    Clara’s Answer

    It means they're dropping the case.. i.e.: They aren't prosecuting it. Congrats to you!

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  • What are the typical punishments associated with a DUI plea bargain when reducing the charge to reckless in Cobb County, GA?

    I was recently arrested for a first offense DUI/Less Safe by CCPD and refused both the PBT and the intoxilyzer but participated in the standard FSTs and an additional Romberg (count to 30) test. In the incident report, the officer reported a "stro...

    Clara’s Answer

    If you were to enter a guilty plea to Reckless Driving, you would likely be facing 12 months probation, a fine of up to $1000 + court costs (probably a few hundred $$ more), 24 hours confinement (i.e.: in jail) but most likely commuted to the time you already served when you were arrested (depending on how many hours you were in there), an Alcohol and Drug evaluation and treatment if recommended, attend GA Risk Reduction (aka DUI School), attend a MADD Victim Impact Panel, abstain from alcohol during your probation and potentially submit to random alcohol screens, and do a certain number of Community Service hours (between 40 and 100, depending on your solicitor and the facts of your case, etc.) at a GA 501(c)(3) nonprofit organization. Best of luck!

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