Michael M. Hawkins’s Answers

Michael M. Hawkins

Atlanta DUI / DWI Attorney.

Contributor Level 10
  1. What can be consequence for changing attorneys mid case?

    Answered 2 days ago.

    1. Benjamin David Goldberg
    2. Brandon Michael Rosenbloom
    3. Michael M. Hawkins
    4. Michael David Barber Jr.
    5. James Lawrence Yeargan Jr.
    6. ···
    6 lawyer answers

    Every client deserves to have his/her questions answered by their lawyer in a timely manner. If phone calls and emails are not being returned, schedule an appointment for a file review with your attorney. That should immediately prompt a phone call or email from your attorney to answer your questions. If your attorney is unwilling to meet with you to do a file review, that is a red flag that you have hired an attorney that has too big a caseload to give your case the individual attention it...

    5 lawyers agreed with this answer

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

    Answered about 3 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 -...

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

    Answered about 1 year 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

  4. 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 over 1 year 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.

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

    Answered almost 3 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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  6. Is it likey for me to do any jail time for driving with a suspended license.

    Answered 11 months 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

  7. DUI taking blood.

    Answered over 1 year 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

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

    Answered about 2 years 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

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

    Answered about 2 years 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

  10. Atlanta, ga dui court?

    Answered over 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