Daniel Palmquist Hoffey’s Answers

As my colleagues note, you can file a motion to have the interlock requirement waived due to a hardship exemption. I suggest that you hire an attorney to help you with that. Even if the 18 month hard suspension period has lapsed, the DDS will probably require proof that the court waived the requirement for the interlock device.

First of all, I suggest you call the courthouse to find out the status of the case. It may still be pending with a future trial date set. Or perhaps the case is over and your attorney believes he has completed your case. I also recommend that you go to your local DDS office and pull a copy of your driving history (DDS Form 18). This will show when his license was suspended and the type of suspension. He may be eligible to get his license reinstated now. Also, send the attorney a letter...

If the officer waived the ALS hearing, then you should receive written notice from the administrative law judge that the administrative license suspension has been withdrawn. Take that written notice to the DMV and they should be able to issue you a new license. Be prepared to show the DMV other means of identity (i.e. birth certificate, photo ID). You can also always obtain a driving history report by completing DDS Form 18. That report will show you whether your license is currently valid...

The timeline of your question is a bit confusing. If the DUI arrest only happened less than 10 days ago, then it's highly unlikely that you have formally pled guilty in court and been sentenced on the charge. I am assuming you are referring to the 10 day window to appeal the administrative license suspension immediately following the arrest. Perhaps you believe that you admitted guilt when you signed papers with the bonding company to get out of jail. In any event, I suggest you contact an...

I agree with my colleagues. The car lender will most likely require a signed reaffirmation agreement. However, I have dealt with small, local "buy here-finance here" dealerships that would not require it as long as you were current on the payments. The "pay and keep" option is more likely to work with the mortgage company as long as you are current and don't have much, if any, equity in the property. Signing a reaffirmation agreement with a mortgage company is very risky in general.

I strongly recommend your attorney contact the Solicitor/Prosecutor and the Probation Officer. It may be possible to adjust the payment schedule. Even if you cannot afford the full payment, I always advise my clients to make a good faith effort by paying whatever they can afford at the time. And ALWAYS report to your probation officer on the scheduled date, even if you are behind on the fines. If the Probation Officer files a Revocation action, you may be facing jail time for violating the...

Any time a Defendant is entering into a negotiation with the State, it is wise to have an attorney. In fact, many counties require the Defendant have an attorney under these circumstances. The ability to have the charges dropped and retain your clean record upon successful completion of the program is frequently worth the cost of hiring an attorney.

If you were convicted or pled guilty to DUI, it cannot be expunged in Georgia. If the case has not yet been resolved, I strongly suggest you hire an attorney.

I would need more information to guess at a possible sentence. Obviously the current felony charge subjects him to jail time depending on the specific charge. As well, he may be on probation or a conditional discharge program for the old marijuana charge. The new felony charge could possibly revoke his probation or conditional discharge subjecting him to possible jail time on the old charge too. I recommend that he hire an attorney to address both the old and new cases.

The maximum penalty in Georgia is 20 years for a burglarly conviction. However, probation is also possible depending on the totality of the circumstances. I suggest you hire a criminal defense attorney immediately to represent you on this matter. It's possible that the prosecutor may be willing to reduce the current felony charge down to a misdemeanor charge of criminal trespass.