Michael M. Hawkins’s Answers

Michael M. Hawkins

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. What happens if no incident report is filed on a DUI?

    Answered over 1 year ago.

    1. Michael M. Hawkins
    2. Kevin Aaron Chastine
    3. Zachary Walter Procter
    4. Evan A. Watson
    5. Majid Vasigh
    6. ···
    7 lawyer answers

    Remember that you are dealing with the government. It is very unusual for no incident report to be filed in a DUI case. It is more likely that there is some delay in the report being approved by a supervisor, or a delay in the records room receiving it. Keep trying. If no report is filed, a lawyer could use that fact against the police officer in court in a variety of ways. There is no legal remedy, such as a dismissal, however, that follows from the failure to file a report.

    11 lawyers agreed with this answer

  2. Can a driving while license suspended be removed from your criminal background in Georgia?

    Answered about 1 year ago.

    1. Michael M. Hawkins
    2. Benjamin Von Schuch
    3. Justin Spizman
    4. Troy Windel Marsh Jr.
    5. John Arnold Steakley
    6. ···
    6 lawyer answers

    If I understand your question, you are asking if a conviction can be expunged from your record. If you pled guilty or were found guilty, I am afraid that expungement is unlikely. The rules and law regarding expungement have recently undergone a significant overhaul by the Georgia General Assembly, but my understanding is that a disposition that includes a conviction remains in eligible for expungement. You may consider hiring a lawyer at handles post-conviction remedies to give you a...

    Selected as best answer

  3. If you are charged with a DUI and it is reduced to Reckless Driving, does that still count as a first DUI in 10 yrs?

    Answered almost 2 years ago.

    1. Justin Spizman
    2. Zachary Walter Procter
    3. Michael M. Hawkins
    4. Jim Mitchell Medley
    5. Jim Lee Whitlock
    6. ···
    6 lawyer answers

    No. But bear in mind that if you are charged with DUI again, your lawyer's ability to negotiate with the prosecutor will be very limited because of the prior reduction. Most judges will increase sentencing. It will not, however be considered a first DUI for purposes of license suspension and minimum mandatory penalties.

    10 lawyers agreed with this answer

  4. I was arrested for a DUI but the charges were amended to a nonfingerprintable offense (reckless). Can I get it off my GCIC?

    Answered about 2 years ago.

    1. Michael M. Hawkins
    2. Michael Jason Rhoades
    3. Evan A. Watson
    4. George F. Mccranie IV
    4 lawyer answers

    My understanding is that once you are booked-in on any offense (fingerprintable or not), GCIC requires the disposition of the charges to be reported. To get it off of your record through GCIC, you would have to petition for expungement. Expungement is not available in Georgia where a plea to an amended offense is entered. There are some circumstances I have seen where a prosecutor agrees to expungement as part of a pre-trial diversion dismissal, but where you entered a plea to any offense...

    10 lawyers agreed with this answer

  5. Will a pending DUI charge affect international travel?

    Answered over 1 year ago.

    1. Michael M. Hawkins
    2. Paul Jonathan Sieg
    3. George Chadwell Creal Jr.
    4. Zachary Walter Procter
    5. Brett Ladd
    6. ···
    7 lawyer answers

    Yes it will, depending on where you are going. I have had clients travel to Canada and Ireland, for example where it absolutely is an issue. I have had clients travel to other countries where it has not been an issue. Lawyers are like doctors these days - they have become very specialized. Your DUI defense attorney should have resources, including references for immigration lawyers, that can help answer your question specifically.

    9 lawyers agreed with this answer

  6. Can I get my arrest record restricted if I haven't had a trial yet and it's been over 2 years

    Answered 8 months ago.

    1. Michael M. Hawkins
    2. James Lawrence Yeargan Jr.
    3. Zachary Walter Procter
    4. John Arnold Steakley
    4 lawyer answers

    Unfortunately, the answer is no. There have been significant changes in the last few years regarding access to criminal records in Georgia, but one thing that has not changed is that a record cannot be restricted until there is some disposition, win or lose, in the trial court. Misdemeanors have a two year statute of limitations if the charge is not filed (not tried, just filed in the court) but most felony theft cases have a 4-year statute of limitation, so you are nowhere near obtaining a...

    6 lawyers agreed with this answer

  7. I pled glty to a DUI in GA and my Fl lic were surrendered in court. Today I was denied a "Hardship" license in GA. what can I do

    Answered 10 months ago.

    1. James Lawrence Yeargan Jr.
    2. Michael M. Hawkins
    3. Paul Jonathan Sieg
    4. J. Guy Sharpe Jr.
    5. Robert Wesley Starrett
    5 lawyer answers

    If Georgia is requiring an ignition interlock device, then you must have a prior DUI conviction in the last 5 years. The Georgia Dept. of Driver Services does issue a "hardship" license. They do, however, issue a limited driving permit for work and some medical purposes after a period of hard suspension, depending on the number of DUI convictions a driver has in the last 5 years. Unfortunately, there is no license authorized under Georgia law for at least 120 days during the period of hard...

    6 lawyers agreed with this answer

  8. My daughter was arrested for DUI pending . had blood test . how do we find out results of this test

    Answered over 1 year ago.

    1. Douglas Brooks Rohan
    2. Zachary Walter Procter
    3. Michael M. Hawkins
    4. Allen Rust Knox
    4 lawyer answers

    The fastest path to obtaining blood results in a DUI case in Georgia is not through the discovery process. Hire a DUI defense attorney (not a general criminal defense attorney - you need a specialist) who has experience with obtaining blood results directly from the crime lab.

    6 lawyers agreed with this answer

  9. Are the conditions of a bond waived when the original court date has been postponed until an arraigment?

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Robert M. Gardner Jr.
    3. George F. Mccranie IV
    3 lawyer answers

    No. Bond conditions remain in effect until the case is over, win, lose or, draw. Think of it this way - the original rule is that you remain in jail until your case is over either after a trial, a plea, or some other resolution like a dismissal. The exception (which really has swallowed the rule) is that the court will allow you to get out of jail while you are waiting for your case to be disposed of. The court will grant you a bail bond - usually by posting some amount of cash or property -...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Does the accuracy of blood test for dui change over time?

    Answered 7 months ago.

    1. Zachary Walter Procter
    2. Elmer H. Young III
    3. Michael M. Hawkins
    4. James Lawrence Yeargan Jr.
    5. J. Guy Sharpe Jr.
    6. ···
    6 lawyer answers

    If collected, transported, stored, and tested properly, the accuracy of a blood test should not change over time. In reality, the State does a poor job or assuring accuracy because their procedures are not always followed by law enforcement and the crime lab. Fermentation can occur, causing the blood sample to become falsely high. A trained DUI defense lawyer will be able to file the proper motions for discovery to obtain documentation of the blood test results and its history. Once in...

    5 lawyers agreed with this answer