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John Gage Breakfield

John Breakfield’s Answers

81 total


  • How to finish pretrial intervention program without risking extension by probation officer.

    I live in Ga (case happened in gwinnett county) and was charged possession of marijuana, less than an ounce. When I went to court I was given the opportunity to enter the pretrial intervention program. It consists of 120 days of probabtion, 40 hou...

    John’s Answer

    Your Pretrial Diversion Agreement should control the issue. If the terms were to complete the classes, then you may likely be on Pretrial until you complete it. It appears that would be 5 weeks. If you have done everything else, then the remaining weeks could be negotiable.

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  • What does it mean to be unindicted for misdemeanor driving under the influence in cobb county?

    what does it mean to be unindicted for misdemeanor driving under the influence in cobb county? report says: N/A OCGA40-6-391(a)(1) Driving Under the influence of Alcohol (Misdemeanor) Misdemeanor Unindicted 1 N/A OCGA...

    John’s Answer

    You should seriously consider hiring a local DUI Lawyer. Under Georgia Law, a DUI can be prosecuted on a Citation (traffic ticket) or by the prosecutor filing a formal charge via an Accusation. A misdemeanor DUI does not require an indictment. The standard for an Accusation are usually much less stringent that for an indictment. An indictment is when a Grand Jury votes to formally charge someone with a felony/ serious crime. Many felony drug charges can be charge by accusation and do not require and indictment. As depicted in many TV shows, a murder case would be done by indictment and would need to be seriously challenged.

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  • How likely is jail time after first DUI with no criminal record?

    Lets say things may not be in your favor due to evidence(Just for instance). May not be sure of your sobriety test results, as well as blood test. The sobriety test may have made you look silly because of nervousness. Is there still a chance ?

    John’s Answer

    Each case and each court is different. As far as minimum jail time, the current trend is for the judge to make the person go back to jail. The law as written requires 24 hours in jail. Some judge interpret that to mean that since many jails give 50% good credit, the judge must sentence a defendant to 48 hours in jail for it to equal 24 hours. There are some judges that do the math and believe that the 24 hours have been served with time from arrest to sitting in court. Please remember that it is not only the minimum to look at, but also the maximum. The maximum is 12 months in custody on a misdemeanor DUI. It is highly unlikely that a 1st DUI would receive such a punishment, but one has to understand that a judge is not limited to a day or 2. Anyone charged with a DUI should seriously consider hiring a local DUI Lawyer that is located near the court of the arrest.

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  • Is a DUI for Drugs worse than a DUI for Alcohol in Georgia?

    Did not have possession of any drugs. But did agree to blood and sobriety test. Not sure of the outcome of either test. Cooperative with the police. Didn't cause harm to anyone. There was trouble drawing blood, they drew out as much as they could ...

    John’s Answer

    You may want to seriously consider hiring a lawyer in the jurisdiction of the offense. Blood cases have an additional chain of custody issue that a DUI Defense Lawyer can examine for you. Also, depending on what the results show, the charge may be harder for the prosecution to prove the charged offense of DUI Drugs. Even if a lawyer cannot get the DUI charge reduced, an experience lawyer can try to negotiate the DUI Drugs license issue.

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  • How can I get a fair settlement for my personal injury claim.

    I was in a car accident in Oct 09. I had head trauma and soft tissue injuries to my neck and back. I was out of work for two weeks. My bills totaled 11,500. The insurance co. stated my bills totaled 9,500 and offered me 11,500, now they are offeri...

    John’s Answer

    A lot depends on what insurance company with which you are dealing. Many have taken the approach of 'so sue us' and won't offer a reasonable settlement; so you sue them.

    You need to focus on building your case and if they want to settle, great. If not, file the suit. There is no point messing around with an adjuster that has no authority or interest in resolving the matter.

    Also important will be the amount of coverage available from the defendant and any under insurance available.

    John G. Breakfield
    Breakfield & Dean, LLC
    Breakfield & Dean, LLC
    770-783-5296
    539 Green Street
    Gainesville, Georgia 30501

    This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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  • Can my wages be garninshed for the loan of a vehicle in the state of Georgia?

    I was the cosigner of a car purchased in 2007. The car was repossed in 2008. The finance company sold the car and wants myself and the owner to pay the difference which is $15,000. I live in Georgia. Can our wages be garnished for the money o...

    John’s Answer

    I agree with Lawrence. Also, a garnishment has to be filed properly and served properly. There are also exceptions relating to child support and minimum amount of pay the employee is entitled to.

    This post is not intended to be legal advice.

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  • Who is responsible for a credit card charge?

    I accepted a credit card from a man. He signed the receipt. The card was in his wife's name. Can they dispute it since she did not sign the receipt?

    John’s Answer

    Is the husband also on the account? Is he an authorized signer in the credit card agreement? If you get nowhere with the credit card company, sue the guy for the value of the items. Heck, call the cops or go to magistrate court and file criminal charges relating to theft.

    This post is not intended to be legal advice.

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  • How to file a motion to modify sentence? and get my license reinstated

    i just bought the car an i did not know the registration on the car was suspended. now i lost my license and i drive trucks and i need them to be able to work

    John’s Answer

    I am confused on what you were charged with.

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  • How can i get my probation over turned

    im 18 & under the first offender & finished my 100 hours communty sevices an have 1 or 2 years left

    John’s Answer

    How long have you been on probation? You could ask the judge to shorten your probation, but you'd have to have been on it for a reasonable time and really been impressive in what you have done. Paying all you fines and fees should help. By overturn, what do you mean? If it was a plea the judge should have gone over your rights and explained what was going on and that this was a real case with real consequences.

    This post should not be considered legal advice.

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  • Leaving the scene of an accident in Georgia, First time offender, just hit power pole nobody else involved.

    Accident occured less than 1/2 mile from my home, I walked home and the police came to my door 15 minutes later. Took me to jail for the night (bailed out) First time Offender How do public defenders work, I dont have an attorney. Do I need to...

    John’s Answer

    Look up indigent defense and call them. This type of charge if not closed out properly may result in a suspension depending on the charge. I think striking a fixed object is a lesser offense that does not involve a suspension. (Don't hold me to it.) Get a lawyer.

    This post is not legal advice.

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