Michael McKeever Hawkins's Answers

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

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

If I am under 21 and got a DUI, what should I do?

Contact 2 or 3 attorneys to discuss your case. Most attorneys will meet with you at no cost for about an hour to evaluate your case. I see that you are in Athens, GA. If you are charged in Athens, I recommend Jeff Rothman. I am in Atlanta and I send him all my DUI referrals there. If your case is not in Athens, feel free to contact my office or any of the highly rated DUI attorneys on the AVVO site. Perhaps most importantly in the short run, make sure you get a letter to DDS to protect your...

4 lawyers agreed with this answer

Dui

My advice is to find a lawyer in Nebraska where the outstanding warrant is and find out what the local practice in that court is for lifting the warrant. If it is a misdemeanor DUI, it is very unlikely law enforcement in Atlanta will come looking for you and extradite on it alone. It very well could, however, lead to a suspension of your drivers license here. Keep in mind also, that with advances in computer networking, we are finding that state's databases are doing a better job of cross-...

4 lawyers agreed with this answer

Can you be charged for a DUI after the fact if no Breath, blood or urine test were taken and the officer let you go?

Can you be charged? Yes - it does not take much to charge someone with DUI. Will you be charged? Not likely. If you were going to be charged it would have done by now. Once a person is cited by the police for any crime other than a minor traffic violation, a prosecutor (the state's attorney) reviews the evidence and determines what charges to file in court. I cannot imagine a prosecutor who would file a DUI charge based upon the facts of your case. I think you are just lucky he let you go....

Selected as best answer

What is the punishment for a first probation violarion on misdemeanor DUI probation? It is a tehnical violation.

On a misdemeanor DUI, any violation of probation, whether technical or not, exposes the probationer to revocation of the balance. That does not mean the balance will be revoked. The amount of time revoked depends on a variety of factors. A new charge may result in a lengthy revocation; a technical may not, particularly of the probation officer acknowledges the circumstances you describe. You might request a walk-in hearing from the PO instead of waiting for a warrant. Good luck.

3 lawyers agreed with this answer

If my DUI case was bind over to state court should I have to pay my attorney again because of it being in a different court.

Your case was assigned to the City of Atlanta because you were arrested by Atlanta PD. Your case remains there ONLY if you waive your right to a jury trial in writing. I routinely practice in the Atlanta Municipal Court and in Fulton State Court and I have NEVER heard of a lawyer charging you for payment again merely because of the bindover from the City Court to State Court. However, that may have been part of the retainer agreement you signed when you hired the lawyer. Your...

3 lawyers agreed with this answer

Got dui - but NOT for drugs/alcohol, I had adverse reaction to soma.....

I am so sorry to hear of your medical issues and that they have become legal issues. My knee-jerk reaction is that you need to talk to your doctor as much as your lawyer. Sign a release to allow your lawyer to talk to your doctor. If you take a drug that is legally prescribed, and it impairs your driving ability, you can be charged and convicted of driving under the influence. In other words, it is not necessarily a defense to simply present a prescription for the medication you were taking....

Selected as best answer

Do blood tests given for a DWI investigation test for things other than alcohol?

Yes. Most law enforcement agencies submit paperwork with the blood sample notifying the testing agency (crime lab in most states) to test for alcohol, drugs, or both. Some crime labs have procedures in place where they will test for drugs only if the alcohol get comes back negative or below the legal limit. If the arresting officer suspected cannabis, it is likely they will request that the sample be tested for it. Keep in mind that alcohol will be eliminated from your system in a matter of...

4 lawyers agreed with this answer

1 person marked this answer as helpful

Can i get the interlock waived since i had a dui 10 years ago

The answer is yes, but a judge would have to sign a hardship waiver. There is a provision in the law that allows for it, but it is in the court's discretion. My law firm is presently handling this exact issue on a DUI case from 2006. If you have had no legal issues related to driving or alcohol, your chances are far better with the amount of time that has passed. Feel free to contact my firm at 770-685-6400 to discuss how it works. I don't charge a fee to talk on the phone to determine if I...

2 lawyers agreed with this answer

How do I get a interlock waiver due to financial hardship

I am sorry to report that, a DDS clerk gave you inaccurate information. If you have been declared an habitual violator, there is no financial hardship waiver of an interlock device that will allow you to drive. The waiver under Georgia law means that you would not drive at all during the suspension period. If you are HV, it is actually a revocation of your license rather than a suspension. I know this is not the answer you were hoping for, but the rules that apply to a driver declared HV...

2 lawyers agreed with this answer