Matthew Wayne Kilgo’s Answers

Matthew Wayne Kilgo

Atlanta DUI / DWI Attorney.

Contributor Level 8
  1. If I am planning on pleading guilty for a DUI, should I worry about the Admin hearing?

    Answered almost 4 years ago.

    1. Matthew Wayne Kilgo
    2. Elmer H. Young III
    3. David Edward Boyle
    4. Marny J. Heit
    5. Jason Philip Cerbone
    5 lawyer answers

    Marny is absolutely right. You have the ability to negotiate with the officer who arrested you at the administrative hearing: if you can convince him to withdraw that suspension (or sign an agreement that you are willing to enter a plea to a DUI) you will be able to obtain a limited permit for any plea or subsequent conviction to DUI. You can't get a limited permit with a refusal suspension, so it's in your best interests to speak with an EXPERIENCED DUI ATTORNEY. Your family attorney may...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Can I get my underage drinking charge dropped? If so, how do I get underage drinking charge dropped?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Lee William Fitzpatrick
    3. Jeffrey Michael Donato
    3 lawyer answers

    "Dropped" is a pretty wide open concept: you're actually asking a very broad question. So let's begin at the beginning to figure out how to get your underage drinking charges dropped. 1. "I was never breathalyzed or ever admitted to drinking." If I had to guess, the officer probably wrote on your ticket "Minor in Possession (By Consumption)", or some variation thereof. Although it sounds like you weren't observed drinking, and you didn't take a breath test or admit consuming alcohol,...

    3 people marked this answer as helpful

  3. CAN I GET THIS CHARGE TAKING OFF MY RECORD AFTER I HAVE COMPLETED ALL OF MY COMMUNITY SERVICE...

    Answered over 2 years ago.

    1. Matthew Wayne Kilgo
    2. A James Rockefeller
    3. Dale T. Preiser
    3 lawyer answers

    You need to talk with your lawyer. Fact is, if you were arrested, a record will always exist: sounds like the company you interviewed with pulled your record of arrest. Typically you can only get a charge expunged if its dismissed or you complete some type of pretrial diversion. Entering a plea, even to a municipal ordinance, keeps Lu from getting an expungement. Bottom line: your lawyer has more work to do.

    1 lawyer agreed with this answer

  4. What can happen if you get a dui while on felony probation?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Jessica Ruth Towne
    3. Theodore W. Robinson
    4. David B Deitch
    4 lawyer answers

    The outcome will depend on a number of factors: your probation officer, the judge, your underlying charge, and the strength of the DUI. If you have a good relationship with your PO, that can help, although most will tell you when they find out that they have to "do something". Telling your PO that it happened is usually the best case, but I would consult with an attorney licensed to practice in Georgia before doing anything: out-of-state attorneys who post on questions like these don't have...

    2 people marked this answer as helpful

  5. I have a felony criminal tresspassing charge against me but I think there is cause for a mistrial

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Lee William Fitzpatrick
    2 lawyer answers

    Okay, let's take care of a little house-cleaning so everyone's on the same page: it appears as though the police report said damage UNDER $500: that would be criminal trespass, which is a misdemeanor (up to 12 months in custody). When you went to court, however, the charge was amended to a felony criminal damage to property in the second degree because the amount of damage was OVER $500: that's a felony (one year to five years in custody). The change is fairly common in situations like...

    2 people marked this answer as helpful

  6. Violation of probation plus failure to appear will he have serious jail time! And how long must he wait until a court date?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    1 lawyer answer

    You actually need to give a little more information: what is HE on probation for, misdemeanor or felony? Is HE currently in custody? If so, how long, and where? Sounds like you're dealing with both a violation of probation and a bench warrant on a pending case, but they both fit together in certain respects. In terms of the probation issue, both the failure to pay and the new offense(s) would be considered violations of probation, and whatever amount of time he has left on his sentence...

    1 person marked this answer as helpful

  7. Need advice... Few questions about getting a GA DUI

    Answered over 4 years ago.

    1. Lance Warren Tyler
    2. Matthew Wayne Kilgo
    3. Alan James Brinkmeier
    3 lawyer answers

    Having an attorney at ANY legal proceeding is a good idea. Lawyers are trained in identifying issues and capitalizing on procedural processes you may not have any familiarity with. Let's consider the ALS hearing, for example: they are very technical matters that the judge and officer will be familiar with, but if it's your first, you may not. A lawyer may be able to have the suspension of your license completely rescinded without a hearing, or at the very least will be able to cross-examine...

    1 person marked this answer as helpful

  8. If found guilty of DUI and placed on probation, what would happen if I test positive for drugs.

    Answered over 3 years ago.

    1. Matthew Wayne Kilgo
    2. Richard Scott Lawson
    3. John C. Collins
    4. Garry Lee Potts
    4 lawyer answers

    Consult with a GEORGIA lawyer. Only a local attorney will know your judge and the proper answer to the issues you are facing.

  9. I have just violated my misdemeanor (DUI) probation for a second time. What should I do?

    Answered almost 4 years ago.

    1. Elmer H. Young III
    2. Michael Jason Rhoades
    3. Matthew Wayne Kilgo
    3 lawyer answers

    You need a lawyer. Sounds as if your judge takes probation violations seriously: three weeks for a traffic citation is no laughing matter. If that's any indication how severely he/she deals with revocations, you could be looking at significant time based on the new allegation of untruthfulness AND it being your second violation. Part of the problem is how you are calendared after being arrested. You need to find a lawyer familiar with the jurisdiction, the probation officer, and the judge:...

  10. I am on 12 month probation for simple battery. and 3 months in i got arrested for DUI/speeding ticket 29 over.

    Answered about 4 years ago.

    1. Matthew Wayne Kilgo
    2. Elmer H. Young III
    2 lawyer answers

    Probation is like a ticking clock, counting down for you from 12 months. The judge has 9 months to play with in determining what to do: revoke the balance and make you serve it, allow you to continue on probation without penalty, and anything in between. There are lots of factors to consider, as well: who your judge and probation officer are, what special conditions the judge imposed upon you at time of sentencing (was no alcohol a condition?), whether your probation officer even knows about...