Matthew Wayne Kilgo’s Answers

Matthew Wayne Kilgo

Atlanta DUI / DWI Attorney.

Contributor Level 8
  1. How long will i have to stay in jail if i don't want to take the probation

    Answered almost 4 years ago.

    1. Richard Scott Lawson
    2. Matthew Wayne Kilgo
    3 lawyer answers

    I'm reading this question as if your case is still pending. If so, you should know that the law REQUIRES a 12-month sentence for a plea or conviction, and that time is either in jail or on probation. That means if you've pled guilty or plan to, your choices are limited. I agree with Richard: contact an experienced DUI attorney and discuss your options. Your case may be a fightable case; if it is, prepare with legal representation.

  2. How long will i have to stay in jail if i don't want to take the probation

    Answered almost 4 years ago.

    1. Richard Scott Lawson
    2. Matthew Wayne Kilgo
    3 lawyer answers

    I'm reading this question as if your case is still pending. If so, you should know that the law REQUIRES a 12-month sentence for a plea or conviction, and that time is either in jail or on probation. That means if you've pled guilty or plan to, your choices are limited. I agree with Richard: contact an experienced DUI attorney and discuss your options. Your case may be a fightable case; if it is, prepare with legal representation.

  3. I received a DUI in atlanta and my license was taken do I need to file the letter to prevent my license for suspension?

    Answered about 4 years ago.

    1. Richard T. Ryczek Jr.
    2. Matthew Wayne Kilgo
    3. Elmer H. Young III
    4. Richard Scott Lawson
    5. Justin Spizman
    5 lawyer answers

    Questions like this should only be answered by your attorney. Speak with him/her and address your concerns.

  4. 4TH dui

    Answered about 4 years ago.

    1. Elmer H. Young III
    2. Robert Frank Schnatmeier Jr.
    3. Matthew Wayne Kilgo
    4. Ayuban Antonio Tomas
    5. Wayne Rodgers Foote
    5 lawyer answers

    If the DUI you received was in Clayton County, Georgia, the previous post by a Florida attorney is INCORRECT. This is a misdemeanor, meaning the maximum fine is $1000, and while the maximum jail penalty for a misdemeanor is one year, the minimum for a first DUI in ten years is 24 hours. This CAN be treated as a first offense in ten years, subject to those minimums, but it depends on what the prosecutor and your attorney negotiate and what the judge will accept. Many judges in Clayton County...

  5. 2nd DUI within a little over a week, jail time?

    Answered about 4 years ago.

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

    I agree with Mr. Rhoades that your husband may have a serious problem, but DUI court may not be the answer to his problems. It's typically a minimum 15 month program, and in my opinion often sets individuals up to fail with unreasonable demands and expectations. What IS clear is that your husband should seek experienced DUI counsel IMMEDIATELY: make sure you find an attorney who will thoroughly investigate the facts of both cases, as you can be sure the prosecutor will attempt to use both DUIs...

  6. Can I remove a traffic ticket probation violation off my record?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Justin Spizman
    2 lawyer answers

    You may want to elaborate a little on your problem. Has your probation officer filed a warrant and asked a judge to revoke your probation? Has your probation been revoked? Which county/city? If you've already been found to have violated your probation, I don't know how you can have that taken off your record. If, however, you haven't been revoked yet, there's always the possibility an attorney with experience in that jurisdiction will be able to work something out. Contact any of the fine...

  7. I missed court for a DUI case what can i do?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Arturo Corso
    3. Lynda Barrow Moser
    3 lawyer answers

    There's really no cut-and-dry answer to your question. I agree with Ms. Moser that there is probably a bench warrant for your arrest, which would've been issued by the judge the day you failed to appear. If that's the case, most likely the Sheriff won't be knocking down your door: a DUI, though serious, is still a misdemeanor traffic violation, and Georgia can't track down all its felons, much less those who fail to appear for lesser charges. You WILL have a problem the next time you're...

  8. I was arrested for shoplifting about 3 months ago but I haven't received a citation or a court date.

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Karyn T. Missimer
    3 lawyer answers

    There are several steps you can take: 1. Goto www.gwinnettcourts.com and plug your name into the search mechanism. It can tell you if you have a pending court date. 2. Call the Gwinnett County State Court Clerk's Office, or better yet, call the jail. The jail has a website but it's a little more complicated to search than just calling them. The Clerk's Office may direct you to the Solicitor, the misdemeanor prosecutor who will be handling your case. If you do speak to a prosecutor,...

  9. What is the percent of people that are convicted of a dui in roswell, georgia versus a reduced sentance?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Phillip Darrell Kimbrell
    3. Jessica Ruth Towne
    4. Jack Ira Klein
    4 lawyer answers

    It's hard to deal in absolutes like percentages when talking about a DUI case because every case is completely different. Judge Hilliard in Roswell certainly takes his fair share of DUI pleas, but it is just as possible that any given case can be reduced. Whether that happens or not is based on the facts of your particular case for the most part; other considerations are whether the prosecutor (Milton Barwick in Roswell) and the officer will agree to a reduction. A good attorney will (or let's...

  10. Does posting a video on Facebook with cited and credited audio from 3rd party qualify as copyright infringement?

    Answered over 4 years ago.

    1. Matthew Wayne Kilgo
    2. Pamela Koslyn
    2 lawyer answers

    The issue isn't whether you've cited the owner of the copyright, the question is whether you have permission to use the song. Unless you've explicitly received that permission, you're probably in violation of copyright law. The owner of intellectual property has the right to determine its use TO THE EXCLUSION OF ALL OTHERS, so unless they've said okay, you may have run afoul of the law. Don't know if I would take the chance. . . .

    1 person marked this answer as helpful