Skip to main content

Feb 14 2012 wife arrested DUI Drugs, Rx therapeutic levels Can we fire attny ask for retrial as we never got our day in court?

Augusta, GA |

Can we fire attny ask for retrial as we never got our day in court? Attny hired went to court once, arresting officer was no show. Attny never told us of new court/trial date, now sentencing is Tue 9/17 in Augusta GA. $650 fine, 24 hrs jail, 40 hrs Comm. Svc., Risk Reduction, 4 month lic suspension for a seemingly innocent mistake. Has taken meds for years with no bad effects until that night. All we said was no jury trial, but in turn we had no trial at all that we knew of till sentencing date. Attny keeps saying dashcam video is damning, I agree it was bad to her defense. Ambien was 1 drug, but NY Times article says it’s being misdosed since arrest:

+ Read More

Attorney answers 5


The defense is related to INVOLUNTARY INTOXICATION. This defense is available, but likely only determinable by a trial. You attorney is the best source of his own research on the issue and his estimate of his ability to present this defense. Watch out for changing horses in mid-stream. Ultimately you choose which horse to ride...

I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.


If he did not have a trial and did not plea guilty, there should be no sentencing set. It may be set for a date to enter a plea. Get with the attorney and get some clarity about where the case stands right now. Ask to look at the video yourself and have a serious discussion about how to resolve, either a plea or a trial. Then either rely on the attorney's advice, or find one who's advice you can rely on.

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 EMAIL:, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (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


Retrial? You haven't had a trial. In fact, it doesn't even sound like anyone has pled guilty to anything. Your "day in court" is still yours if you want it, but if the dashcam video is "damning" you should probably listen to your attorney and do damage control.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at or (404) 835-7595. The initial consultation is always free for Avvo users.


You can fire your attorney if you like, but it sounds like you would get better results if you met with your attorney to address these issues. Also, watch the video while you are with your attorney as it sounds like the video will give you a new perspective on the case. If your wife looks bad on the video, but you don't want a trial, you are not leaving your attorney with many options to work with. Again, I would meet with the attorney, review everything, and revise your game plan if necessary.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


You do not have to accept the plea even if you are scheduled to a sentencing date. If you've had no trial, then you can not be convicted unless your wife pleas guilty. Yes, you can seek other counsel in this matter, they can file an entry of appearance and contact the court/prosecutor on your behalf.

Get Avvo’s 3-part DUI email series

A roundup of the best tips and legal advice.

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer