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DA 1205 form was filled out incorrectly by arresting officer . . . Does this help me ?

Fayetteville, GA |

I refused to take a Breathalyzer test after being arrested , but I did submit to the field test . The arresting officer checked the first two spaces on the DA - 1205 form , indicating that I had tested positive above 0 . 08 . Considering that the form clearly states " MARK ONE ONLY " and on his sworn report , he is indicating that I tested above 0 . 08 , which cannot be proven because I refused to take a Breathalyzer , will this help me ? ? He also did not sign the temporary license section at the bottom of the page , even though my license / privilege was not suspended , canceled , or revoked at the time of my arrest . This has left me with nothing .

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Attorney answers 6


You should hire a qualified DUI expert to help you with your case. Any time you want to mount a technical attack as opposed to a factual attack, you better have someone by your side who knows more than the cop, the prosecutor, and the judge. Our office can handle just such a defense, as can several of the other attorneys who are likely to respond to this post. Be sure to interview several and hire someone you feel comfortable representing you.

If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All initial phone calls are free. By answering this question, there is no established attorney/client priviledge with Rohan Law, PC. Therefore you cannot rely solely on this information to form the basis of a legal opinion regarding your rights and responsibilities. If you believe that your case requires additional attention, you should contract an attorney to represent you directly.


Could not agree more with Mr. Rohan, get an attorney to help you. You have two issues the administrative appeal which should be filed within 10 days of your arrest to attempt to save your license and the criminal charges which are separate and distinct from the administrative suspension of your drivers license.

Good luck.

This response is for general information only, no attorney client privilege has been established by this communication.


First, the fact that he did not sign the temporary license may be a means of attacking it, but doing nothing only insures that your license will be suspended. It will be up to you to make sure that a hearing is requested within 10 days and the fee paid when you do. As to the blood alcohol, I agree that you have a good basis to beat the charge because he cannot say you were over .08 and refused. However, this is alot like changing a transmission on a car. Even a hairdresser or doctor can theoretically do it, but would you want to drive the car afterwards. Get an attoney asap and avoid a conviction which could be avoided.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


In most instances, documents can be amended and errors corrected. In this instance, you must request a hearing within 10 days of your arrest or your license is automatically suspended. You have highlighted an error on a form. However, you may have several defenses to both the license suspension and the underlying DUI of which you are not aware because you are not a trained and experienced lawyer. You need to retain counsel ASAP.


You need to request a temporary hearing with dds within ten days of your arrest or your suspension will be upheld and you could be without a license for up to a year.

My office handles primarily DUI cases and I'd be happy to speak with you over the phone to discuss the particulars of your case.

Sean Phillip Park

Sean Phillip Park


additionally, if your case is pending in Fayette county, I have some additional information which may prove helpful to your case.

James Emmit Hardy II

James Emmit Hardy II


I have had extensive experience with Sean Park during and after his career as a prosecutor. I can tell you that is a very knowledgeable DUI attorney who knows how it works from both sides. Your interests would be well served by giving Mr. Park a call.


First - You MUST file a request for a hearing within 10 business days and include the $150.00 fee or your Drivers License WILL BE SUSPENDED. It does not matter that there are technical and possible factual/legal issues that could be presented in your defense if you don't request a hearing!
Second - I would highly recommend that you retain an Experienced DUI Attorney to represent you in the Administrative License Suspension (ALS) hearing ASAP! Trying to defend yourself at this hearing is NOT A GOOD IDEA!!!
Third - Do your research and find a DUI Defense Attorney that you feel comfortable using. Talk with the Attorney and ask about qualifications and experience. Directly question his/her knowledge on the ALS procedure and any available defenses that you may have at the ALS hearing or at a Trial. Hire the Attorney that you feel most comfortable with defending you in court. Remember, your Attorney is your voice in Court, your Defender and should be both qualified and experienced in defending ALS / DUI cases like yours.
I hope this has been helpful information to you. Good Luck!!!
George McCranie

The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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