Elmer H. Young III's Answers

If a person is convicted of a 2nd DUI does the penalty change according to if the breath test is over .08 or below .08

The minimum mandatory penalties will not be affected, but judges still have discretion on the level of punishments, and various conditions of probation which can be onerous, need to be considered as well, so your need for knowlegable local counsel is very important in your decision. The DDS imposes various other conditions as predicates for re-instatement of your privilege or license to drive in Georgia. With the benefit of indigent defense there is no reason for a person not being represented...

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Pull for Speed 57 on 35, passed walk & pen test. Did breath test 3X but officer felt it wasnt done right & arrest me for refusal

"refusal" cases are usually quite defendable. You may obtain mush helpful information at my personal website at www.SavannahDUI.com as well as valuable attached forms for appealing a very damaging administrative suspension for the "refusal"

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What if i wasnt driving my car just trying to get it started because it ran out of gas and was not allowed to call someone

This case sounds strongly circumstantial. Because of that there may be room for suppression of some damaging evidence.

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Does restitution have to be paid on items that were stolen that were found by police undamaged?

OK, there are two different victims in such cases: the person from whom the items were stolen and the Pawn shop owners. If the items were recovered from the pawnshop and returned to the owner undamaged, only the amount of the unrecovered items should have to be paid. However the full amount of the pawn is the loss suffered by the pawn-broker. An appeal should be filed promptly or motion for reconsideration so that a hearing on these important matters can be heard. I would have hoped your lawyer...

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How do I write a 10 Day letter for my DUI licence not to be suspended?

Do NOT comply with those instructions! If you are determined to try to do this on your own, you will be making the next in a series of apparently previous mistakes. I simple letter clear asking for a ALS hearing prior to suspension sent along with the $150 fee to the address shown on the DDS 1205 will suffice. You will need to tell them the DL #, the date of the incident and your current emailing address. There are so many top-notch DUI lawyers in Atlanta, seems a shame to watch you implode...

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After gallbladder and hernia repair surgery in Oct 2009 continue to have pain to this day in stomach area,just had a CT Scan

Presuming these "clips" were not left as part of the surgical protecol, your discovery and prompt treatment of these foriegn objects may have saved you life! The next step is to gather the physicians and hospital surgical file for review by other professionals prior to initiating legal action. I am wondering how much further damage this mistake has caused and how long it will take to fully recover from the aftermath? I am so sorry for your suffering in all this. If we can be of assistance, Now,...

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Assuming I will be given 40 hrs of community service, can I start/complete it before my court date?

There are 159 Counties in Georgia and each may have somewhat differing policies, but it is unlikely Dekalb would have any such liberal policy in place. If this is a DUI case, I would hope you have an attorney to advise you.

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Got in an accident with two motorcyclists who were traveling 100+ mph. Who is at fault

With such minimal facts,ittle can be said with great confidence except that the legal concept of contributory negligence is still alive and well,but to whom it might provide relief and the extent of such relief cannot presently be even estimated

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How do I protect myself from a foreigner threatening to sue me for an inheritance?

The fact that he died in a foriegn country dooes not mean he was a resident of that country. I would seek expert, specialized probate counsel in the county and state where he was a resident at the time he departed this country. There are many factors governing intent to establish residency, that that counsel would inquire into. Given the questions of the legality of the divorce, then Momma may still be in the estate. Given that the property appears to be in a jurisdiction other than this...

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Who do I need to ask about leaving the state if I am on probation for DUI?

You should have a copy of your Final Disposition. (Sentence of the court) Read it carefully. This being a misdemeanor, you may find there is no restriction on your travel. So long as you are satisfying the reporting requirements most POs could care less where you go. In 35 years I have never seen a revocation for going out of state of a misdemeanor case as the only violation issue. If in doubt write your PO with the details of your travel, when you are returning and don't eat too much chocolate!

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