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First offence question.

Milledgeville, GA |

3 years ago I had a heart spasm and was in the hospital for 3 days. I was put on severe blood pressure medicine.2 months later on Sunday evening I had two vodka and waters. The next morning on my way to work I was pulled over for speeding. The officer said he smelled vodka told me to get out gave me a breath lazier test it was just over the legal limit. I was taken to jail and charged with Duo. I got an attorney and explained all of this he got the charges reduced to reckless driving. This is. This is the only charge I have ever had. S should the attorney pleaded as a first offence so my record would have been expunged after my sentence was completed?

Attorney Answers 4


Contact your attorney.

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DUI is specifically exempted from Georgia's First Offender statute, but Reckless Driving is not. However, it is up to the judge whether or not to allow you to plead under the First Offender Act.

You may be able to petition the court to retroactively allow your plea to be placed under First Offender, but again, it will be in the discretion of the judge. Contact an attorney in the jurisdiction where you entered your original plea to see what the process would entail.

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It's difficult for any of us to second guess the work of another attorney who had the benefit of knowing all of the facts and circumstances of your case. If you have some concerns or questions about how your case is being or has been handled, I suggest calling your attorney. Good luck.

Jasen Nielsen

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The prosecutor may have objected to first offender treatment since they already reduced the charge to what is, essentially, a traffic violation. You could look to go back to court to try and do this retroactively, but it would be alot of trouble and usually not worth fooling with unless you think the charge is going to affect your employment down the road.

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

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