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Michael M. Hawkins

Michael Hawkins’s Answers

52 total

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

    back in 2002 i had gotten a second dui. i lost my license and had to pay a fine and had to get the interlock. Since my dui i have not driven a car nor do i own one. i have worked at temporary or seasonal jobs over the years as i have been unable t...

    Michael’s Answer

    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 will take your case.

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

    ie: defentant shall waive fourth adm. right, defentant shall consume no alcohol. defentant shall not violate state law or u.s. law. defantent shall notify change of address three days prior to moving.

    Michael’s Answer

    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 - that will be enough to secure your appearance in court. In cases involving alcohol or drugs, there may be conditions that you don't use alcohol or drugs and submit to random screens. In cases involving violence or threats of violence, there may condition that there be no contact with the alleged victim of the crime you are accused of. Also, the original court date usually IS the arraignment (where you enter a plea of guilty or not guilty). It sounds like the arraignment may have been continued. If you want a change in bond conditions while the case is pending, a lawyer could file a Motion to Modify. That motion would be set down for a hearing and your lawyer could argue to the judge why bond conditions should be changed or done away with. Expect the State to argue against any bond modification, and a judge to agree with the State unless you can provide a compelling reason for a change in the original conditions.

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

    He failed to appear at a regular probation visit. He has been in constant contact with his PO. He has had no form of trasportation and his PO knew this. He also just got a job and is supposed to start work in less than a week.

    Michael’s Answer

    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.

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  • 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.

    I've been going to Atlanta Municipal Court for nearly two years and finally I've learned the case is bonded over to state court. My attorney is asking for payment again because of the different location. Is this normal? Also, this has been goin...

    Michael’s Answer

    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 representation by your attorney is a contractual relationship. Look at your retainer agreement. If it specifically provides for additional legal fees upon bindover, than you may be obligated to pay the additional fees. What is more common, is that a lawyer will charge a fee for pre-trial plea negotiations, and if the City prosecutor's best offer to settle your case short of trial is not acceptable to you, and the case gets bound over, you may be obligated at that point for additional legal fees to file pre-trial motions for discovery, to suppress evidence, etc., in other words to contest the charges. Many lawyers charge a pre-trial fee and then a trial fee, but it is unusual to charge an additional fee just for the bindover. Communication is extremely important in a lawyer-client relationship. It should have been made clear to you at the outset that additional fees would be incurred upon bindover. I suggest making an appointment with your lawyer (not a phone call) once you have reviewed the written employment agreement you both signed to determine what fee structure you both agreed to.

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  • How do I get a interlock waiver due to financial hardship

    I received a limited driving permit and had the interlock put on my truck 2 months ago. I've since moved and went to the dds to have my address changed and was told at that time that I should not have that permit and was not eligible for it and th...

    Michael’s Answer

    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 are different than those that apply to a suspension. If you want to discuss this in detail, I would be glad to speak to you for a few minutes at no cost. 770-685-6400.

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  • Dui

    i have dui in gran island ne .. its an outstanding warrent i live in atlanta...what should i do

    Michael’s Answer

    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-referencing these types of warrants. I would hate for you to be stopped for a minor traffic violation, get arrested on this warrant, and then spend a couple of days in jail before Georgia gets word that Nebraska will not extradite on a misdemeanor. Go to AVVO or NCDD.com to start looking for lawyers near Grand Island who can help.

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  • 1 DUI in past, Citizenship application

    Hi all, I need all the help possible. I have lived in US with a green card since sept 2000, I filed for Citenship in Feb 2007. Ended up getting pulled over and got DUI in March 2007. No accidents were involved. I did my community service, probati...

    Michael’s Answer

    • Selected as best answer

    I have seen this issue before, but I must tell you that I am DUI defense lawyer, not an immigration or citizenship lawyer. I will share with you an experience I had that may shed some light on your question. DUI is not a crime of moral turpitude, which is one of the issues that INS looks at. My understanding is that one of the grounds for denying an application is if INS finds that there is evidence that the applicant is an "habitual drunkard". In the case I handled, we were successful in getting my Russian client's 2nd DUI charge reduced to Reckless Driving - a non-alcohol offense. The immigration lawyer my client hired advised us that without evidence of a repeat alcohol offense, they would have a difficult time declaring him an habitual drunkard. If this is a single offense, you may be OK with regards to that issue. BUT - remember that lawyers are like doctors these days - we are all very specialized in the area of practice we focus upon. My best advice is to do what my client did - consult with an immigration lawyer.

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

    If my license is suspended at the ALS hearing or by the court it will be for sure 120 days with early reinstatement if I complete the DUI class and pay the $210. So the day it is suspended at ALS, is it 30 days of hard suspension? Or can I have a ...

    Michael’s Answer

    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 (120-30 since you already did 30 on the work permit), The fee is $210.

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

    i went to court because they wanted to revoke my probation. For doing any of my terms, which is untrue. I have done 40hrs of community service. But on my petion of revocation, it says i have 0hrs. While I was in court, i noticed that my lawyer...

    Michael’s Answer

    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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  • Do"s the officer that witnessed the violation have to be present when a breathalyzer is administered

    the officer that made the stop dropped me off, turned me over to the jailer and a couple minutes later i was given a breathalyzer by another officer.

    Michael’s Answer

    There is no requirement that the officer be present, but there may be an issue with the breath test. In Georgia, all breath tests must be preceded by a 20 minute observation period to assure that the driver does not belch, burp, vomit, etc. The Georgia Intoxilyzer 5000 Training Manual contains this information. Although it is not grounds to get the test thrown out of evidence, it certainly calls into question whether the presence of mouth alcohol could have caused an artificially high reading on the machine. If you were tested a couple of minutes later after being dropped off at the jail, the Intox operator who have had to initiate a new 20 minute observation period. Tell your lawyer this information!

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