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Kevin Aaron Chastine
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Kevin Chastine’s Answers

165 total


  • What is the results of pleading no-lo on a dui charge and failure to maintain lane?

    I recieved a dui and failure to mantain lane the other day and was wondering what the severity of the charges wiuld be

    Kevin’s Answer

    Depending on the facts of your case, it may be possible to negotiate a reduction to a lesser charge and protect your driving privileges. You really need to speak with a DUI attorney about your case to identify possible defenses and evaluate the likelihood of getting a reduction. Nolo won't help you to avoid a suspension, but there are many ways to fight a DUI case, so be sure to call around and find an attorney who you're comfortable with in your price range. Many lawyers can work with you by offering a payment plan if you don't have everything up front.

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  • Need legal help for dui in Augusta, GA

    I was charged with a dui in Washington, GA but I live in Augusta, GA. My problem is that I can't find a lawyer that is willing to handle my case that is within in my budget. Can anyone help?

    Kevin’s Answer

    Depending on your budget, you should be able to find someone to represent you. Fees are a difficult thing; you want to find someone within your budget, but you want that person to be able to invest as much time in your case as possible. Many of us are flexible and can offer payment plans, so don't give up!

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  • Is it likely that I will spend time in jail?

    I was charged with a dui and driving without a license in georgia. I was stopped at a roadblock but I was very cooperative with the officer an have her no problems

    Kevin’s Answer

    Jail time is always a possibility, but it may depend on your court and your record (if any). A good DUI lawyer can give you the best chance at avoiding jail time and possibly avoiding the DUI to keep it off your record. Your license must also be protected. Call around and find someone you're comfortable with who's within your budget.

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  • Violated probation with diazepam

    first violation I took and diazepam for depression not prescription and it showed up positive what will happen?

    Kevin’s Answer

    You could end up having to serve some time in jail, and you might have to turn yourself in before you get a hearing date with the judge. This is all negotiable though, and having good representation can definitely help. A lawyer can work with the probation officer to let you do a "walk in" to a probation hearing, and possibly negotiate some alternative to jail time. And if the PO isn't willing to work with you, a hearing may be your best bet, where you'd try to convince the judge not to give you jail time. Especially if you have a job you want to keep, it's important to have someone fighting for you who handles revocation matters regularly.

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  • Can my auto insurance premium be increased on DUI charges alone?

    I have recently been charged with 2 DUI's back-to-back, and one at-fault accident (following too close). All three charges are currently pending and no convictions at this time. Is it common for the auto insurance company to cite these charges...

    Kevin’s Answer

    • Selected as best answer

    Your insurance company can increase your rate if you are charged with a DUI. This does not always happen, but if they found out about it then this could happen. Your rate should come back down, though, if you are acquitted of one or both of them. It is still worthwhile to fight these charges, to avoid jail time in serious license consequences since you have two charges back-to-back. Your attorney may be able to negotiate these as a package deal, and avoid one conviction if you plead to the other. Or, if your rights were not respected then you may have a very good defense. Most lawyers will provide a free consultation, and this is definitely worth your time.

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  • How does getting a DUI in ga work if you have a fl license?

    I had ga license and got DUI in 2009, did everything asked and reinstated. Now have fl license and got DUI this past weekend in ga, will this count as 2nd DUI in 5 years still? Also I refused test, will fl suspend my license for refusing out of st...

    Kevin’s Answer

    As I understand it, Florida will not automatically suspend your license just because you refused a test. The license consequences will depend on the outcome of your case. As others have mentioned, we would need to send paperwork ASAP to protect your license while the case is pending, and explore the possible defenses to the case. It can be very difficult for the state to prove your guilt beyond a reasonable doubt without a valid chemical test. Just expect that the prosecutor will be less willing to reduce the charge to a non-DUI disposition because of the prior charge. So, it's important to work with an attorney who's serious about fighting your case if necessary, rather than accepting the first plea offer they give you.

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  • I got a dui in Georgia today and had 2 dui's over 15 years ago in Georgia. Can they be used against me?

    I also had three for a felony conviction over 15 yrs ago in Texas which I served 11 months. Texas never used the dui's in Georgia against me back then, and consequently GA never used the ones in Texas against me either. My bond for this recent du...

    Kevin’s Answer

    • Selected as best answer

    The evidence rules have changed recently so that its harder for the state to use prior charges against you. But, they can try to use those against you for certain limited purposes at trial. This is one reason why you'll need a good DUI attorney on your side. Also, the prosecutor will consider the prior charges during negotiations. Even though the statue only requires harsher punishments for multiple charges within 5 years, the prosecutor will likely be harsher on you when your attorney tries to work out a good deal for you. On the other hand, all of those charges were a very long time ago, and just because you were previously convicted does not mean that you were guilty this time. There are many possible defenses that should be considered, and a good legal argument could result in a reduction in the charges or a victory at a motions hearing or trial. You need to find a good lawyer in a reasonable price range who's serious about fighting the case.

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  • DUI. Can I request an independent blood test from the sample taken by the County Jail?

    When I got arrested for DUI, I didn't know I had the right to have my blood tested independently. I learned after researching online. Can I request a test on the same sample that County jail took? It's been almost 20 months. Also, is it l...

    Kevin’s Answer

    You do have the right to inspect the blood sample. However, it's the practice of GBI to destroy all samples after 1 year unless you've been able to have it preserved for longer. So yours is probably gone by now, but that's not the end of it.. You can get an expert to look at the testing records and other documents to find ways to cast doubt on the result. There are many reasons why the result could be inaccurate. As for the delay, there's nothing illegal about that, as the statue forbids you from being over the limit any time within 3 hours of driving. Call around and find a good DUI lawyer to help you; it sounds like a lot of time has passed already, but you should explore what possible defenses there might be.

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  • Is Sobriety Test result infallible in court?

    In my DUI Incident Report, this officer filled with check-boxes and max out all the Clues 8/8, 4/4, etc, even though in the video you can't really see if it's true because he made me perform this test very close to the front of his patrol. He says...

    Kevin’s Answer

    The issue here is that the portable breath test results that you're talking about are not admissible in court, except to say that you were "positive" for alcohol. It sounds like you didn't take a separate chemical test at the station. As for the field sobriety tests, there's nothing illegal about doing them in front of the patrol car like you said, but we could certainly cast some doubt on the officer's testimony at trial.

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  • Is our DUI lawyer representing us to the best of his ability?

    My wife received a DUI in Lumpkin County (1st time offender). She popped a tire and was essentially pulled over because her hazard lights were on. She admitted to drinking earlier and took a breathalyzer (.116 in jail). She then did field sobriet...

    Kevin’s Answer

    You should raise your concerns with your lawyer. Give him or her a chance to respond to your concerns, and that may solve any issues. I'm always surprised when people don't raise their concerns with their lawyer first. If you're still not satisfied after that, you have the right to choose another lawyer, but you may end up with the same result.

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