Skip to main content
Kevin Aaron Chastine
Avvo
Pro

Kevin Chastine’s Answers

165 total


  • Is there anyway I can get my DUI expunged in Georgia?

    It is my first offense and I plead guilty to the DUI. Is there anyway I can get it expunged in Georgia? I have heard many things such as I can and others saying that I cannot. I know I can receive a pardon in 5 years.. Please, mainly people who kn...

    Kevin’s Answer

    I agree with the other posters; it's not possible. I just wanted to point out that a pardon, even if you can get it, won't expunge or erase the DUI from your record. It just attaches a statement from the State of GA saying that they've pardoned the crime.

    See question 
  • How long will I go to jail for failing an alcohol screen on dui probation

    This is the first time I've been tested

    Kevin’s Answer

    There is a possibility of jail time here, but there may be alternatives to that if you can get the probation officer and judge on board. Having a lawyer to negotiate on your behalf and present you to the judge in the best life possible can certainly help.

    See question 
  • I was arrested in 2011 and am just receiving notice of future court date today 10/7/2013? What am I to do?

    I was arrested in 2011 for a DUI (blew 0.004) under state limit , weaving lanes ,false info and forgery. The forgery charge was dropped in jail, (or so I thought) , and when I went before the municipal "judge" I envoked my right to attorney which ...

    Kevin’s Answer

    This sounds like a case that should be reduced or dismissed. What happens from here will depend on several factors, including your history (if any), whether there was an accident (sounds like there wasn't), and who your prosecutor and judge are. I'm also interested to hear what the basis for the forgery charge was. That said, a good lawyer can give you the best chance at getting the prosecutor to do the right thing here. If the prosecutor isn't responsive, you may end up having to set this case down for a motions hearing or for a trial and see if they can get their officer to court.

    Call around and find the lawyer you're most comfortable with in your price range. You should be able to find good, affordable representation, and many of us offer payment plans depending on your situation. Best wishes to you.

    See question 
  • Do I need to submit a "10 day letter" if my license was not taken, I did not refuse any tests and i was not issued a DS 1205?

    I was arrested 09..29.13 on DUI, i was not given a breathalyer, however blood was taken while in intake.

    Kevin’s Answer

    I always send in a letter with the $150 fee just in case. You want to make sure that your driving privileges are protected just in case!

    See question 
  • I was told by an attourney not to take a subriority test. After taking and not failing , but doing poorly on the roadside test,

    Finding no alcohol or drugs, I was arrested for DUI drugs.The reason I did poor is due to my previously broken femur bone. My miranda rights were not read and no one informed me that by refusing to give urine aren't blood, that I would lose my lis...

    Kevin’s Answer

    If you were incarcerated for 11 days, that should justify the delay in sending the ALS hearing request. Get an attorney on board as soon as possible to preserve your driving privileges!

    See question 
  • I failed a drug test while on misdemeanor probation. This is my first time being on probation. Will I have to go to jail?

    Is there any warnings that I may get or any amount of time that I could have to clean my system out to prevent me from going to jail?

    Kevin’s Answer

    They should have done a drug test at the outset to determine your baseline. You shouldn't be revoked for something you did before you were put on probation. If that wasn't done, and depending on how long you've been on probation, there may be a good defense there. Also, a good attorney should be able to help with negotiating some alternative to jail time, especially if you have some extenuating circumstances.

    See question 
  • Dui charges not filed?

    I was arrested for dui about two weeks ago and still haven't received a court summons. On my citation it says my court date is October 8th. What up with this? Could the charges not be filed yet?

    Kevin’s Answer

    Sounds like that's your court date, if it's written on your citation. You can call the clerk of court to verify if you're not sure.

    See question 
  • Do I need a lawyer to attend may first court date?

    I was arrested for DUI on August 8th. I've researched lawyers and I'm saving up to afford one. My first court date was today (9-17) where upon appearing in front of the judge I asked for an extension to afford a lawyer who could help me decide wha...

    Kevin’s Answer

    • Selected as best answer

    You can probably buy yourself some more time if you need it by pleading not guilty. That said, you'll need to be careful that you don't unknowingly waive your jury trial rights or prematurely bind over your case to a higher court. And the sooner you can get a lawyer, the better. For that reason, many of us offer payment plans, and you can get very good representation without breaking the bank. So if you're unable to hire whoever you've already spoken with, consider making a couple more calls. We all offer free initial consultations. Best wishes to you!

    See question 
  • If my P.O. gives me the okay to terminate my probation, and I get a lawyer to go with me to court what are my chances like?

    I got 24 months probation and six month license suspension for a DUI "per se" / Reckless driving when I was 17 , went to court in Forsyth County when I was 18. I'm now 19, been on probation for 15 months, finished all my courses recommended/ comm...

    Kevin’s Answer

    There's always a chance of early termination, and it definitely helps if your PO is on board with it. Of course, it will depend entirely on the facts of your case, including any mitigating factors (if you have children, work multiple jobs, need to get off probation to begin some new position, etc. Forsyth county can be a tough place for a DUI defendant, but I've found that they're generally reasonable if you're taking responsibility and doing what you're supposed to.

    As for who's the best lawyer, obviously I'm biased. Make a call or two and find someone you're comfortable with who is reasonable for this kind of case--the motion to terminate shouldn't really be too involved, so I think the fee should be pretty treasonable.

    See question