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Michael M. Hawkins

Michael Hawkins’s Answers

52 total


  • DWI between moving out of state, (NC to GA)

    I was a resident of NC when charged with DWI (class 5, first offense). I will plead guilty. I have moved to Georgia since the arrest and need to apply for a license. I have already served the mandatory 30 day revocation, per NC law. I have don...

    Michael’s Answer

    Your best strategy is to ask (or your lawyer should ask) the clerk of court to send in the conviction to the Georgia Dept. of Driver Services (GA DDS) under your Georgia license number, rather than your North Carolina license. If you have completed all of the conditions to reinstatement in NC, get a clearance letter from NC and take it to the GA DDS and get the GA license. When you go to court, you will have to turn in your GA license and apply for a GA limited driving permit, complete the GA Risk Reduction program, and pay the reinstatement fee for Georgia. After 120 days on the limited permit, you can apply for, and get your full GA permit back.

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  • What can be consequence for changing attorneys mid case?

    very little contact and no concise next step direction

    Michael’s Answer

    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 needs, or even worse, an attorney who does not care. Inform your attorney in writing (email is sufficient) of your intention to meet with other lawyers to discuss your case, and to seek the return of any unearned legal fees. The State Bar of Georgia has a fee resolution service designed to protect both clients and lawyers where there is a fee dispute. Your best approach is to salvage the existing relationship[ with your lawyer, but if that does not work, you can pursue another attorney. Make sure you document all attempts at contact, and check with the court where your case is pending to see when your next court date is scheduled. You don't want to get in a situation where you are worse off by firing your lawyer if the case is set for trial in a short amount of time, and your new lawyer will not have sufficient time to prepare to defend you.

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  • Got a dui and refused the field sobriety test implied consent was never read. can this be thrown out?

    i rolled up on a georgia state patrol road block. all of their lights were off. the cop immediately ask me how much i had been drinking. i said none and then told him 5 mixed drinks. i never said i drinked alcoholic mixed drinks. i denied taking a...

    Michael’s Answer

    Your question is a little confusing based upon your chronology of events, but the short answer is implied consent must be read at the time of arrest for DUI whenever the police are seeking a blood breath or urine test. The failure to read implied consent renders the test result or refusal to submit inadmissible at trial, anday defeat any action to suspend you drivers license.

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

    Suspended due to a seat belt ticket i forgot to pay.

    Michael’s Answer

    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 appear. The first question a lawyer should ask you is whether you received notice, and if so, how did you receive it. Good luck

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

    Pulled over morning after New Years Eve for speeding. Gave sobriety test, drew blood. Court date 2 mos later. Still no blood work back. Court in another month. Will test be accurate?

    Michael’s Answer

    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 possession of those documents, a review of their accuracy can be performed. There are a whole host of others issues that can cause a blood test result to be inaccurate, but the answer to your question is yes, particularly if it can be demonstrated that the proper procedures were not strictly adhered to when the sample was drawn, transported, stored, and tested.

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  • 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???

    About to bail out. Can I beat this fare and square? Snow means no dui?

    Michael’s Answer

    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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  • How does the Georgia 10-day Rule apply to a DUI for drugs?

    I received a citation for "DUI Drugs Less Safe." I was allowed to keep my license and no Form 1205 was issued. The only drugs in the car were several prescription drugs in their pharmacy bottles. All were legitimately prescribed for me and none sh...

    Michael’s Answer

    There is no administrative suspension action for DUI drugs - only DUI alcohol. Even if your blood and urine screens return with a positive for drugs - whether you have a prescription or not, whether they are legal drugs or not, there is no administrative suspension action under Georgia law. Interestingly, if you refuse the chemical tests, administrative suspension is provided for under Georgia law.

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  • Who is a good lawyer for a DUI Court Probation Revocation hearing in Savannah, GA?

    I have a probation revocation through DUI Court. I have only had a public defender, who I talked to for 2 minutes in the jail cell, so I feel very under-represented. I am on probation for reckless driving, driving on a suspended license, and failu...

    Michael’s Answer

    Douglas Andrews and Steve Beauvais, particularly for a revocation involving a DUI Court.

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  • Can I get my arrest record restricted if I haven't had a trial yet and it's been over 2 years

    Back in 2011 I was arrested for felony theft by taking. Here we are now in 2014 and I still haven't been tried for the crime. I think they are playing games knowing their evidence is weak. Every job I apply for shows the arrest on my background ch...

    Michael’s Answer

    Unfortunately, the answer is no. There have been significant changes in the last few years regarding access to criminal records in Georgia, but one thing that has not changed is that a record cannot be restricted until there is some disposition, win or lose, in the trial court. Misdemeanors have a two year statute of limitations if the charge is not filed (not tried, just filed in the court) but most felony theft cases have a 4-year statute of limitation, so you are nowhere near obtaining a dismissal on those grounds. You may have a speedy trial issue that you should consult with an attorney about, particularly if you can show harm as a result of the delay.

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  • DUI taking blood.

    Will I get a copy of this warrant when arrested or will I get it in discovery?

    Michael’s Answer

    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 test "no test shall be given."

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