Will the DA look at my offense as a 2nd DUI or just a first time offense? Jail time?
It will be your first DUI, but your prior charge will affect how the prosecutor and court treat your case. A prior reduction to reckless driving on a DUI will cause the prosecutor to look more harshly at you this time around. I would certainly recommend hiring an attorney in preparation for court. If you have any other questions, feel free to give me a call.
Yes, he will look at it. From a sentencing standpoint, you would still be looking at your 1st DUI. You should hire a lawyer immediately. You will not be given any benefits if you go by yourself. Only a qualified and experienced attorney can give you any insight into how you should proceed with your case.
While this would just be considered a first lifetime DUI, the prosecutor may still consider your prior arrest for DUI when making a plea recommendation. As a former prosecutor in Fulton county, I am very familiar with the types of offers the prosecutors in Atlanta and Fulton may make and would be happy to speak to you about how I can help you with your new case. Feel free to call me at 678-522-9540 if you would like to discuss further.
The Georgia Statutes require that this DUI be considered and sentenced as a 1st DUI offense. However, the Prosecutor is not required to make the same sentence recommendation (if you are convicted) that would have been offered if you didn't have the other DUI reduction on your criminal record. In my experience as a former Assistant District Attorney and long time DUI Defense Attorney - prosecutors will not give you any benefit of the doubt because of the past reduction of a DUI. In fact you can expect a harsher sentence recommendation! I would advise you to retain the best and most experienced DUI Defense Attorney that is availabel to you - ASAP! I hope this informastion is helpful. Good Luck! George McCranie www.mccranielawfirm.com
If the old charges were truly reduced this would. E looked at as your first DUI.
You may need to file for an Administrative License appeal. The deadline for filing the appeal is 10 days from the arrest. This is completely separate from the criminal charges. You should speak with a DUI attorney immediately.
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This DUI would be considered your first. However, you are still required to do jail time on a first DUI. Moreover, the prosecutor will consider the prior Reckless Driving conviction when making a sentence recommendation. Therefore, you might get more jail time than usual for a first DUI. If you are still within 10 days of the arrest, you also need to be filing an appeal of your license suspension. You may be able to save your license at this time by filing the appeal. Call me if I can be of assistance.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
Even a first DUI in Georgia mandates jail time. However, the venue for your case can greatly affect the severity of sentence. Because your prior was reduced, the new case technically is a 1st DUI, requiring only minimum 1st DUI sentence parameters. However, as pointed out by several attorneys herein, both the prosecutor and judge will be less inclined to allow a bargain on your case, and more likely to give a harsher sentence due to the prior arrest, albeit a reduced outcome on the prior. Get an attorney. You'd be a fool to go it alone. And, don't let the the 10-day rule place your driving privileges in jeopardy. Seek out an attorney ASAP.
Despite the fact that your prior DUI was reduced, the prosecutor will look at the prior DUI arrest as a negative. In some jurisdictions in Georgia, you will be treated as any other 1st DUI in 5 years and 1st in life. But some jurisdictions, will offer you more jail time, SCRAM monitor, more community service, larger fines and even make the probable cause ticket (like failure to maintain lane) run consecutive to the DUI. As always, you best move is to retain the services of a local defense lawyer who knows the jurisdiction of your arrest. An aggressive pre-trial motion package may be your best offensive move in defending this 2nd DUI arrest. Time is of the essence for hiring a lawyer and filing your motion package.
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