William C. Head’s Answers

Depends on MANY factors, including: (1) Your prior record; (2) Quantity of marijuana; (3) at what point you get an attorney involved to help you negotiate a deal --- best time is BEFORE the first court appearance; (4) you may be eligible for some form of conditional discharge treatment -- and this is very favorable and suitable for many cases. if you cannot afford an attorney, Fulton County MUST appoint one for you.

First, be aware that Georgia passed sweeping changes to its DUI laws effective July 1, 2008. However, insofar as the PUNISHMENT, there cannot be a felony conviction in Georgia regardless of how many DUIs he has had, unless 4 or more offenses occur July 1, 2008 AND AFTER. So, it sounds like he will only be facing a misdemeanor, but probably a high and aggravated misdemeanor, if the State can obtain adequate proof of the prior convictions. There is some good news. Much of the new Georgia law...

If it is a SPECIFIC person you are trying to assist, a trust or bank account may exist to permit you to contribute money. If it is a particular TYPE of case (wrongfully convicted where DNA evidence may exonerate the person), then do a Google search for that group. As the previous attorney stated, the Georgia Innocense Project has helped exonerate 7 people who had an average TIME IN JAIL exceeding 18 years. Their LINK is set forth below.

If you are insured in a different state than Washington, the laws (and the likelihood of a DUI crashing your insurance rates or cancelling your policy) may vary. In South Carolina, every "moving" violation gets reported to the Department of Public Safety. By law, every reported violation is also reported to the Insurance company with whom you are insured in that state. This automatically increases your insurance bill.This system of immediate reporting is called an "integrated" system....

You are likely to be impacted by a federal "compact" (a federally-enforced agrrement --- similar to a treaty between states) --- that requires extreme oversight and control of your ability to travel out of state when you are on probation for a SECOND DUI in your LIFETIME. See this web site: www.interstatecompact.org Start reading Rule 2.15 and read the next dozen rules or so. Regardless of fines, jail, community service hours and other state-imposed punishment, this probation oversight...

Most states now prohibit expungement of a DUI-DWI. For over two decades, the federal agency most involved with highway traffic safety, NHTSA, has pushed states to NEVER expunge an impaired driving conviction. The best solution is to FIGHT the case, because 100% of those who PLEAD guilty are FOUND guilty. Any experienced DUI trial attorney can beat those odds!

In Georgia, BUI is not currently punished by license suspension. The offender's right to operate a vessel on the waterways of Georgia can be suspended, however. BUI can carry fines of up to $1000 plus surcharges, and up to 12 months in custody. Judges are given wide latitude in sentencing, and can add community service hours, alcohol and drug screening and more.

You have a GREAT case, in my opinion. Your best issues are (1) the police coming to your house, likely without a warrant, and rousting you out of bed to make their arrest. Unless you ADMITTED to driving AFTER consuming alcohol, then the State's evidence against you for impaired driving is very questionable; (2) an alleged BOLO caller (be-on-the-look-out) who says he or she SAW you driving cannot [from merely seeing the driving occur] testify about whether or not you even had alcohol on your...

Each state has its own procedures for bringing criminal charges (such as DUI-DWI). The arrest triggers a referral of the case to a prosecutor. The prosecutor reviews all the surrounding facts and decides which particular "counts" (separate legal charges) should be brought against you. For example, many states have 7 or more different types of impaired driving offenses. For example, my state (Georgia) has DUI-alcohol, DUI-prescription drugs, DUI-contraband substances [such as PCP or...

This is a STATE-SPECIFIC question. Call a specialist in your area. I can suggest one that I have known for over 10 years. Donald John Ramsell Address: 128 S County Farm Rd Wheaton, IL 60187 Phone: 630-665-8780 Fax: 630-665-9599 Email: donald.ramsell@dialdui.com Website: www.dialdui.com William C. Head