Skip to main content
Michael M. Hawkins

Michael Hawkins’s Answers

52 total

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

    I was charged with a DUI in the state of GA right before I was about to move to NYC. How will that effect my driving record in NY? Will I be able to get a job? I'm Doomed!

    Michael’s Answer

    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.

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

    The traffic violations were driving on a suspend license, driving with 1 headlight, and no proof of insurance in the vehicle. The marijuana charge was turned into a felony because neither I nor the arresting officer was aware of the .08 gram that ...

    Michael’s Answer

    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 regrading getting the case thrown out can only be answered by meeting with a lawyer and outlining all of the facts and circumstances surrounding your arrest. Most lawyers in and around Gwinnett Courty will meet with a potential client at no cost to determine if they can help you. I suggest you use the AVVO site to identify lawyers in your area and contact them.

    See question 
  • Is it necessary for me to request a DMV hearing if i received a DUI as a minor?

    BAC of .06

    Michael’s Answer

    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 lawyers in your area who are trained in DUI Defense. Good luck, hope this helps.

    See question 
  • How can they measure the amount of impairment when accused of dui (marijuana)

    the numbers for dwi is .08 how is marijuana measure for the amount of impairment

    Michael’s Answer

    .08 refers to the amount of alcohol in a person's system. It is commonly referred to as the legal limit. Alcohol is not illegal, so it is not illegal to drink some alcohol and drive. What IS illegal is to drink an amount that impairs your driving ability, or puts you over the legal limit. Marijuana, on the other hand, is illegal in all but a few instances (medical marijuana). As a result, driving with ANY amount of marijuana is illegal. Most ethical crime lab "scientists" will admit that the amount of marijuana reflected in a blood test shows only recent or habitual use, not a level of impairment. The other way the police will attempt to measure the level of impairment from marijuana is through field sobriety tests performed by a drug recognition expert (DRE). These tests, however, are not valid scientifically and readily discredited by an experienced DUI defense lawyer.

    See question 
  • Can i renew my green card with 2 duis

    i had a DUI in 2004 i entered diversion program, in 2007 i had the second one it was a misdemeanor i finished all the treatment and probation. i learned my lesson. it will be 5 years in November 2012 never had any convictions other than this 2. M...

    Michael’s Answer

    My best is advice is to contact an immigration lawyer, or to post this question under the immigration category on AVVO. Here is why - lawyers like me who specialize in DUI defense often rely on the input from immigration lawyers in a situation like yours. My experience with your issue is this - 2 years ago I represented a man from Belarus who was applying for citizenship here. He had a previous DUI and had been charged again. His immigration lawyer advised me that one of the criterion for denying citizenship is where INS finds that the applicant is an "habitual drunkard". It sounds like an odd term, but the message was clear: a repeat DUI defense would likely be sufficient for INS to take the position that he was an habitual drunkard. We were successful in avoiding a DUI conviction in the case, and my understanding is that my former client has been granted citizenship and is married with a child living in the U.S. Hope this helps.

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

    been taking 5 yrs - was driving 1 day, got dizzy - turned corner to pull over and yeah, officer pulled me over, PUT ME IN JAIL. i am a 54 yr old handicapped woman I am FACING 27 days in jail - I am on breathing machine, and have MULTIPLE ne...

    Michael’s Answer

    • Selected as best answer

    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. Soma is a muscle relaxer that can impair your driving ability. The state can't just show that you were taking the drug - they have to show that it impaired your driving ability. Read the bottle and/or the information your pharmacist provided with the prescription. It could help or hurt, but you need and your lawyer need to know what it says. Bottom line is you need to get your doctor and your lawyer together to evaluate whether this med may have impaired your driving ability, and if your doctor might be able to assist in your defense. Good luck

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

    I am 19 and got my first DUI. What should I do and what will happen to me?

    Michael’s Answer

    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 drivers license within 10 business days from the date of your arrest. A DUI lawyer can take care of that for you, so I would make an appointment as soon as possible. Good luck.

    See question 
  • 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?

    I was pulled over by a cop I had a 2-3 drinks that night ( i had just graduated from college) long story short the officer asked if I was drinking and asked me to do some field sobriety tests. He did not give me any other tests no breath test, no ...

    Michael’s Answer

    • Selected as best answer

    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. Use it to your benefit - next time you have a few drinks don't put yourself in that situation - sounds like you used your get out of jail free card!

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

    Shortly after being arrested for a DWI, the police took me to a hospital to give blood. Do they test for things in the blood system other than alcohol such as cannabis? Thanks!

    Michael’s Answer

    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 hours but cannabis can be detected days, even weeks later. As a result, a pharmacologist would be able to testify only that cannabis in a person's system from a blood test shows recent or habitual use, not that a person was impaired at the time of driving.

    See question