Michael M. Hawkins’s Answers

Michael M. Hawkins

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. 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?

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Steven George Lavely
    3. Philip Daniel Hache
    3 lawyer answers

    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....

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

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Robert M. Gardner Jr.
    3. Richard Scott Lawson
    3 lawyer answers

    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

  3. 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.

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Robert West
    3. Eric D Ridley
    3 lawyer answers

    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

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

    Answered over 2 years ago.

    1. Stephen Neil Foster
    2. Michael M. Hawkins
    3. Mark M Cheser
    3 lawyer answers

    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

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

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Morris Hugh Wiltshire Jr.
    3. Michael J Palumbo
    3 lawyer answers

    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

  6. How do I get a interlock waiver due to financial hardship

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. James Lawrence Yeargan Jr.
    3. George F. Mccranie IV
    3 lawyer answers

    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

  7. Question about 1st DUI charge penalties regarding license suspension.

    Answered almost 3 years ago.

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

    After an ALS suspension, you can get an immediate work permit. The fee is $25. Bring a copy of your ticket, the ALS suspension notice, your DUI school certificate, and $25. if you have completed the DUI school, on the 31st day, you can apply for full reinstatement. If you are convicted of the DUI, it is a 12 month suspension, but you can apply for full reinstatement after 120 days. You will be suspended for the conviction, and you will have to serve the additional 90 days on a work permit (...

    2 lawyers agreed with this answer

  8. I have a warrant on a 1st dui in henry county. What should i do?

    Answered almost 3 years ago.

    1. Michael M. Hawkins
    2. Richard Scott Lawson
    3. A James Rockefeller
    4. Joe Perkins Jr.
    5. Richard Timothy Jones
    5 lawyer answers

    You need to hire a lawyer immediately to arrange a turn-in to jail on your terms as much as possible. Otherwise you will wake up every day wondering of its the day that they knock on your door or show up at your job to arrest you. This is not the time of year to fool with that. A public defender can be appointed to you only after you are in jail. Hiring a paid lawyer will be money well spent given what's at stake.

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  9. I was charged with a DUI in the state of GA.

    Answered about 2 years ago.

    1. Michael J Palumbo
    2. Joseph A Lo Piccolo
    3. Michael M. Hawkins
    4. Mitchell Scott Sexner
    4 lawyer answers

    The answer depends on what state you had a license from at the time you were stopped. If it is Georgia, they will not issue you a clearance letter to get a license in New York or elsewhere, until you resolve any and all license actions, and any failure to appear or criminal matters here.

    3 lawyers agreed with this answer

  10. Is it necessary for me to request a DMV hearing if i received a DUI as a minor?

    Answered over 2 years ago.

    1. Manny Daskal
    2. Matthew Murillo
    3. George L. Aldrich
    4. Michael M. Hawkins
    5. David Matthew Piper
    6. ···
    6 lawyer answers

    Depends on where you are. In Georgia, and any state that has administrative license suspension for under 21 above a .02, the answer is yes. Assuming your case is in California, where you are, you need to get on AVVO and identify several DUI lawyers in your area that can draft a letter to protect your license. Most states have short deadlines (in GA you have 10 business days) to request a hearing on your license. I also recommend ncdd.com (the National College for DUI Defense) to find...

    3 lawyers agreed with this answer