Michael M. Hawkins’s Answers

Michael M. Hawkins

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. On way home I had 8 drinks because of snow in Atlanta. I was stressed. Heard I cant get DUI in snow but I did. Legit???

    Answered 6 months ago.

    1. Brandon Michael Rosenbloom
    2. Michael M. Hawkins
    3. Noah Howard Pines
    4. Michael David Barber Jr.
    5. James Lawrence Yeargan Jr.
    6. ···
    12 lawyer answers

    If your question is, does snow provide a legal defense to DUI?, the answer is no. The "snow means no dui?" question leads me to believe that you may have misinterpreted what you heard. Snow may be part of a factual defense (not a legal defense) that explains whatever actual less safe driving took place was the result of weather and road conditions rather than alcohol intoxication. A legal defense means a judge could throw it out. A factual defense means a jury decides.

    5 lawyers agreed with this answer

  2. I was arrested on 3 traffic violations and less then 1oz marijiana charge that turned into a felony in Gwinnett County

    Answered about 2 years ago.

    1. Michael M. Hawkins
    2. Joel Richard Beck
    3. Justin Spizman
    4. Robert M. Gardner Jr.
    5. Lindsay L. Reese
    6. ···
    6 lawyer answers

    If it is less than 1 oz of marijuana, then it should not be a felony charge. All other charges you describe are also misdemeanors, so your case should go to Gwinnett County State Court. That court is extremely backed-up. Unfortunately, you cannot file a speedy trial demand until the prosecutor files the charge with the court, which is likely at least 6 months away. Am I interested in why you believe the charge has turned into a felony. Can you post additional information? Your question...

    4 lawyers agreed with this answer

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  3. Is it likey for me to do any jail time for driving with a suspended license.

    Answered about 1 month ago.

    1. Michael M. Hawkins
    2. William Travis Towe
    3. Musa Munir Ghanayem
    4. Kevin Gerard Linder
    5. James Lawrence Yeargan Jr.
    6. ···
    6 lawyer answers

    Driving on a suspended license first offense carries a mandatory 2 days in jail. The judge can, however suspend the jail time. Many judges do. It is best to hire a local lawyer where your case is pending who will know what the court has historically done. More importantly, the State must prove that you were served with notice of the license suspension. One of the more difficult tasks for a prosecutor is proving that a person had notice of the suspension where it arises from a failure to...

    4 lawyers agreed with this answer

  4. DUI taking blood.

    Answered 8 months ago.

    1. Noah Howard Pines
    2. Michael David Barber Jr.
    3. Michael M. Hawkins
    4. Zachary Walter Procter
    5. James Lawrence Yeargan Jr.
    5 lawyer answers

    Both. Perhaps more importantly, in discovery you should be provided with a copy of the affidavit the officer gave to the judge who issued the search warrant for blood. Your lawyer will review the sufficiency of the affidavit and the warrant itself to determine whether the admissibility of the blood is in issue. Also, search warrants for blood are presently being challenged in Georgia appellate courts because there is conflicting language in a statute that says when a person refuses a chemical...

    4 lawyers agreed with this answer

  5. I was issued a limited permit for driving in Ga. Am I able to drive my work vehicle during my usual work hours?

    Answered over 1 year ago.

    1. Michael M. Hawkins
    2. Zachary Walter Procter
    3. William Travis Towe
    3 lawyer answers

    Your attorney is incorrect. There are no time or place restrictions on a Georgia limited permit. The only limitation is that you must be able to justify that you are driving to or from or for work.

    4 lawyers agreed with this answer

  6. How do I request an administrative hearing in Georgia?

    Answered over 1 year ago.

    1. Douglas Brooks Rohan
    2. Charles Christopher Flinn
    3. Noah Howard Pines
    4. Justin Spizman
    5. Michael M. Hawkins
    6. ···
    7 lawyer answers

    Call my office tomorrow and we will send you a letter you can use to send on your own. Otherwise you are welcome to schedule an appointment to meet with an attorney and we can draft the letter for you at no cost. I am board certified in DUI defense and practice regularly in Alpharetta if that is where your case is. Mike Hawkins, Hawkins Law Firm. 770-685-6400.

    4 lawyers agreed with this answer

  7. Atlanta, ga dui court?

    Answered almost 2 years ago.

    1. Michael M. Hawkins
    2. Robert M. Gardner Jr.
    2 lawyer answers

    The Atlanta Municipal Court does not have a DUI Court. Fulton County State Court does. It is run by Judge Susan Forsling. It requires a new lending DUI case, and that the applicant have at least one prior conviction. The benefit is largely that the state's recommendation on sentencing is reduced substantially - repeat offenses often carry several months in jail. DUI court is focused on rehabilitation, random testing, group therapy classes, and intensive supervision by the court. If a DUI...

    4 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Jeffery Alan Rothman
    2. Kevin Aaron Chastine
    3. Michael M. Hawkins
    4. Robert M. Gardner Jr.
    5. Allison Elizabeth McCarthy
    6. ···
    8 lawyer answers

    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

  9. Dui

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Jack Ira Klein
    3. Robert C. LeBrasseur
    3 lawyer answers

    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

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

    Answered about 2 years ago.

    1. Robert Laurens Driessen
    2. Philip Daniel Hache
    3. Michael M. Hawkins
    3 lawyer answers

    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....

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