Linda Medeiros Callahan’s Answers

Your question is confusing but I think you are saying that you won your driver's license hearing based on an unlawful arrest, but your lawyer feels the criminal case in not winnable. First, in a licensing hearing, the decision-maker can only rely upon the police report if the officer who arrested you was not subpoenaed. Probably, the officer made an error on his report, or maybe missed faxing a page to DOL--something of that nature, that couldn't be corrected without the officer's testimony....

You can proceed "pro se" which means you are representing yourself, send a letter to that effect to the prosecutor requesting a copy of the police report and any other evidence they have on your case, such as video/audio recordings. Then you look at the evidence to see what mistakes were made, and you negotiate with the prosecutor asking for the charge to be reduced to something lesser than a DUI or you file a motion with the court to suppress evidence and/or dismiss the case. If you do not...

The person runs the risk of spending a considerable amount of time in jail on high bail if arrested on the warrant, because he now has a record of a failure to appear for a mandatory hearing. Judges don't like that--but if there is a good reason for the FTA, most judges are reasonable. Other factors the judge considers in determining the amount of bail include the concentration level of his breath or blood alcohol if he was tested, whether there was an accident, and whether he has any prior or...

Unfortunately, you will just have to wait and see. I can tell you that the state toxicology lab, which will be doing the blood analysis, usually takes a couple of months to issue a report of the analysis. They send it to the cop, who in turn sends it to the prosecutor. The prosecutor will evaluate your case based upon the quantity of THC in the sample, the fact that you also consumed some alcohol, the results of field sobriety tests, and on your driving 12 mph over the limit. The...

Most speeding ticket challenges are won on technicalities. There is no formula per se, it's a matter of knowing the potential issues and rules as applied to the facts of your case. I do not recommend representing yourself, nor arguing that you were not the only one speeding. The fact that no one else got pulled over is not going to get the ticket dismissed. But if there is a discovery violation, calibration issues with the speed measuring device, or something missing in the report, these...

Due process requires that you receive notice of your right to request a hearing to contest the violation. For this reason the judge should pull the ticket from collections and give you a hearing. Don't try to do this yourself. A good infraction attorney might cost a lot less than what the collection agency wants.

I think the jaw fracture will qualify as GBI, pretty much any fracture will get you there. It is probably a felony. Get yourself a good DUI attorney, and get back into treatment.

The on-scene breathalyzer is a preliminary test. It is not the evidentiary test in most jurisdictions. If you were taken to the police station or jail and declined the second test thinking you had already given a breath sample, you may have been misinformed.

Negligent Driving First Degree is a misdemeanor. It is a criminal traffic offense. It is much less serious than a DUI, however, I'm afraid you have to respond that you were convicted of a misdemeanor.

Georgia will probably make you comply with the restrictions FL has imposed, then get reinstated in FL before they will issue you a license in GA. So yes, get your license and interlock in FL so that you comply with their restrictions. The question is, if you move to GA, can you drive in GA with a FL license and interlock? If you have a valid restricted license in FL because you have an IID installed, then you should be OK to drive in GA, but you may want to call the GA DMV to be sure. You...