Marko Ludvik Burgar’s Answers

Marko Ludvik Burgar

Atlanta DUI / DWI Attorney.

Contributor Level 8
  1. Should my fiance take intense probation?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    Your fiance needs to speak with an attorney to tell him the specific details of his case. There's not enough information in your post to give a reasonable answer, but at a minimum, revocations are a serious matter, and "intensive" probation is not always the best way out.

    1 person marked this answer as helpful

  2. Is a baseball bat used in self defense on school grounds turned into a "weapon on school grounds"?

    Answered about 4 years ago.

    1. Michael Jason Rhoades
    2. Marko Ludvik Burgar
    3. Nathanael Adamson Horsley
    3 lawyer answers

    The prohibition applies to baseball bats, which are considered a weapon pusuant to OCGA 16-11-127.1, unless possessed by someone playing baseball in a legitimate baseball activity. You ask many variations to the question, but unless one has the bat to play baseball, it will be considered a weapon in a school safety zone. The issue of self-defense is an entirely different legal issue.

    1 person marked this answer as helpful

  3. If all sign new doc replacing initial cov/bylaws,can HOA go back & use initial doc instead of newly drafted one?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    There is a difference between covenants and by-laws that may impact the answer to your question. Normally, the most recent, properly-approved covenants filed in the county deed books are what apply in any dispute. With this in mind, we would normally answer that the new covenants would appropriately apply. However, in your question I can't determine if you are referring to by-laws or covenants, and if covenants, whether the modification was properly approved by the members and recorded with...

    1 person marked this answer as helpful

  4. Do HOA Bylaws need to be filed in the courts of the county of the subdivision?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    There is no requirement that the by-laws be filed. The covenants, as you have indicated, are filed in the deed books of the county in which the HOA is located. The by-laws are simply the operational rules of the association, similar to the by-laws of a typical corportation.

    1 person marked this answer as helpful

  5. I'm guity of one dui but not the 2nd one, what most likely going to be my charges?

    Answered about 4 years ago.

    1. Lance Warren Tyler
    2. Marko Ludvik Burgar
    2 lawyer answers

    If you were arrested for DUI in both cases, it is highly likely the prosecutors will also ultimately charge you with DUI in both cases. This does not mean they will be successful in convicting you of both, but I would be suprised if they did not try. As Mr. Tyler accurately answered above, two DUI charges in such a short period of time will likely result in a very significant sentence if you are convicted of both, and one would expect a harsher than normal punishment even if you were only...

    1 person marked this answer as helpful

  6. Will I get a ticket by having a broken windshield in GA?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    You may, if the front or rear windshield has a starburst or spider crack greater than 3 inches by 3 inches. (OCGA Section 40-8-739(e), a traffic misdemeanor)

    1 person marked this answer as helpful

  7. If I was arrested for a DUI but did not perform any of the administered sobriety test can I still be fully charged with a DUI?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    2. Jack Ira Klein
    3. Mitchell Mead Wells
    3 lawyer answers

    You can still be charged with DUI (what is commonly referred to as "less safe" DUI or a section (a)(1) DUI), even though you did not participate in the field exams. Of course, it is generally more difficult for a prosecutor to successfully charge you with DUI if you did not participate in the voluntary field exams, and it certainly opens up a broader range of possible defenses to the charge, but it is not impossiblle to be charged. As far as sentences are concerned, it will all depend on...

    1 person marked this answer as helpful

  8. Probation Violation

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    If her sentence was not tolled even though she violated, perhaps the sentence has expired, which would be a good thing. Tolling stops the clock on a sentence, so that when they find the violator the time remaining on the sentence will be what was left on the day she first violated. If they didn't toll the sentence, the clock never stopped running. However, this would be unusual. As far as what to expect, violators are typically arrested and held until the matter can be heard by the judge....

  9. What could the possible sentence be?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    Robbery has a sentence range of 1 to 20 years, armed robbery has a minimum 10 year sentence and may lead to a life sentence in certain circumstances. As for the first offender act history, it will not be used to make him a recidivist, but I would doubt the prosecutor will pretend the incident didn't happen in his negotiations.

  10. If your license was suspended during bct because of a pending speeding ticket will u be discharged?

    Answered about 4 years ago.

    1. Marko Ludvik Burgar
    1 lawyer answer

    Generally speaking, if his speed was high enough to be considered a "super speeder", he will get an additional $200 fine from the State of Georgia. Please review the legal guide written by my law partner, Darrell Kimbrell, on the subject. Regarding the suspension, under-21 drivers convicted of speeding 24 mph or more over the posted speed limit will have their license suspended for a period of six months.