James Lawrence Yeargan Jr.’s Answers

James Lawrence Yeargan Jr.

Atlanta DUI / DWI Attorney.

Contributor Level 19
  1. Can this DUI arrest be expunged from my record?

    Answered about 1 year ago.

    1. Zachary Walter Procter
    2. James Lawrence Yeargan Jr.
    3. Jennifer M. Daniels
    4. John Arnold Steakley
    5. Jack Ira Klein
    5 lawyer answers

    No. Since you entered a plea to the Reckless Driving charge the arrest cannot be expunged.

    8 lawyers agreed with this answer

  2. “My 20 year old daughter was arrested for attempting to flee and elude and less than one ounce marijuana in Douglas county , GA.

    Answered 3 months ago.

    1. James Lawrence Yeargan Jr.
    2. Larry Wilcutt Fouche
    3. Darrell Brinnett Reynolds Sr.
    4. Jack Ira Klein
    5. Robert Wright Smith Jr.
    6. ···
    7 lawyer answers

    She will need to ask for a public defender when she goes to court. Just to give you a heads up: Fleeing and Alluding carries a mandatory 10 days in jail, and will suspend her driver's license if she is convicted. The Possession of marijuana charge will suspend her driver's license for 6 months if she is convicted, and this is a hard suspension meaning there is no limited permit of any kind. A possession of marijuana charge can also mess up scholarships, job opportunities, and many other...

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  3. I received a ticket for "following too closely" after I clipped the bumper of another car. What are my options in Atlanta court?

    Answered over 1 year ago.

    1. James Lawrence Yeargan Jr.
    2. Allen Rust Knox
    3. Bret A. Schnitzer
    4. Glen Edward Ashman
    5. Scott J. Corwin
    6. ···
    6 lawyer answers

    I am a former prosecutor in the Atlanta court. I know that place like the back of my hand. On your first court date you will have to plead not guilty, and request a bench trial before a judge. Your case will be rescheduled 2 to 8 weeks for a bench trial date. When you return on that date if the other party is not there to testify against you then the case will be dismissed. You do not qualify to participate in their pre-trial diversion program where the ticket against you gets dismissed upon...

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  4. Interlock device recorded 2 fails within 4 hours. What can I expect to happen?

    Answered about 1 month ago.

    1. James Lawrence Yeargan Jr.
    2. Jennifer Greene Ammons
    3. Michael David Barber Jr.
    4. Jack Ira Klein
    4 lawyer answers

    You could be facing a probation violation, and additional charges for failing the Interlock Device. These devices are known for false positives so if you weren't drinking you may be able to avoid any additional trouble.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How can I get a driver's license when revoked 24 years ago?

    Answered 7 months ago.

    1. James Lawrence Yeargan Jr.
    2. William Travis Towe
    3. Noah Howard Pines
    3 lawyer answers

    You have to clear the suspension in Colorado before Georgia will issue you a license. I wish I had better news for you, but Colorado has to release you first. There is no way around it. I would contact the DMV in Colorado, and contact the clerk of the court where your case was to see what needs to be done. If all else fails hire an attorney in Colorado to help you clear this up.

    7 lawyers agreed with this answer

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  6. My son, age 19 has a Georgia Drivers license but goes to college at Miss. State. He received a DUI

    Answered 9 months ago.

    1. James Lawrence Yeargan Jr.
    2. Zachary Walter Procter
    3. Jacob Charles Stidham
    4. Derek Anthony Patrin
    4 lawyer answers

    The suspension in Mississippi should report to Georgia, and Georgia will suspend him for at least 120 days. The suspension may be longer based on his age, and whether or not he blew, refused, or blew .08 or higher. After the suspension period has passed he will need to submit proof that he has completed DUI School to Georgia DDS along with the reinstatement fee ($200 by mail or $210 in person) to reinstate his license in Georgia as well. Essentially, when you get convicted in a different state...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Speeding ticket with wrong last name, can dismiss?

    Answered 12 months ago.

    1. James Lawrence Yeargan Jr.
    2. Jack Ira Klein
    3. Troy Windel Marsh Jr.
    3 lawyer answers

    These are what are known as deminimus errors, or scrivener's errors, and do not render the ticket fatal enough to get the ticket dismissed. You can use these errors to challenge how thoroughly and accurately the officer was doing his job that day, but they are not serious enough errors to render the ticket defective. Yes, get your Georgia Driver's License, and ask the prosecutor to reduce your speed to 14 mph over the posted speed limit i.e. 69 in a 55 mph, 49 in a 35 mph, etc., and that speed...

    7 lawyers agreed with this answer

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  8. Does an officer need probable cause to conduct a field test if I'm already pulled over/stopped?

    Answered 5 months ago.

    1. James Lawrence Yeargan Jr.
    2. Benjamin David Goldberg
    3. Zachary Walter Procter
    4. George F. Mccranie IV
    5. Robert Phillip Odle
    5 lawyer answers

    The officer has to have articuable suspicion to stop you, and probable cause to arrest you. The field sobriety tests are part of getting probable cause for the arrest. The officers do have to have a reason to ask you to do field sobriety tests, and they usually use the smell of an alcoholic beverage, red glassy eyes, slurred speech, etc. to use as their reason to ask for field sobriety tests. Depending on your performance on these tests, and other factors, you may have a challenge to probable cause.

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  9. Can I plead nolo to a wreckless driving charge and then appeal the conviction if it is undesirable?

    Answered 6 months ago.

    1. James Lawrence Yeargan Jr.
    2. John Arnold Steakley
    3. Jennifer M. Daniels
    3 lawyer answers

    You should hire an attorney in Virginia to handle all of this for you. Entering a Nolo plea will close the case, and make an appeal very difficult.

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  10. My son, who has a learners permit, received a moving violation for speeding. What happens next?

    Answered about 1 year ago.

    1. James Lawrence Yeargan Jr.
    2. Jennifer M. Daniels
    3. Troy Windel Marsh Jr.
    4. Andrew Stephen Roberts
    4 lawyer answers

    He needs to be extremely careful with this charge because that speed will suspend his drivers license for 6 months with no limited permit available if he is convicted. He needs to go to court, or have a lawyer go with him, and get the speed reduced to a speed that won't suspend his license, or better yet, get the speed reduced to a speed that will not go on his driving history. It would most likely benefit your son if he went to defensive driving school before court, and took his completion...

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