I was charged with a DUI 40-6-391(a)(1) for refusal of the alcohol analyzer. The cop originally stopped me for tag light.

Asked over 3 years ago - Warner Robins, GA

Within (10) business days I must request a hearing or my license will be suspended. The hearing will be held in accordance w/ the "GA Administrative Procedures Act" and the Dept of Driver Services Rule 570-1-.05.

In the request, I must include
1. Name and Address of all interested parties who may testify.
2. A clear and concise statement of facts upon which the contested case arises;
3. A statement setting forth the relief sought;
4. If represented by counsel, I have to provide counsel's name, addressn and phone #.

Is there anywhere I can find an example of what needs to be submitted (Request for Hearing) I can use as a guidline?

What are the chances of me getting this changed to reckless driving?

Attorney answers (3)

  1. James Lawrence Yeargan Jr.


    Contributor Level 20

    Answered . I do not practice in your area, but the letter is the same throughout Georgia. We use a 3 page letter that asserts every possible defense. If you would like to email me directly at Jim@DUIJim.com I'd be happy to send you the letter free of charge, and with no obligation. All I need along with your email is your full legal name, date of birth, date of arrest, driver's license number, and mailing address. The reason why the officer stopped you is a good one. It is a non-moving violation. Usually DUI cases begin with some sort of "bad driving" or "less safe driving" such as failure to maintain lane, weaving, an accident, running a red light, etc. Here your driving was fine, but you were pulled over because your light was out. A reduction to Reckless will depend on whether this is your first DUI arrest and charge, and how you performed on the field sobriety evaluations.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  2. Elmer H. Young III

    Contributor Level 15

    Answered . All that is required is a simple written request that you be afforded a hearing on the officer's request for the suspension. You will need to include a money order for "filing fee" of $150.00 I do not practice in that area of Georgia, but you might check with the Bob Daniel firm in Macon or perhaps Rusty Wright in Cordele, both terrific DUI lawyers, who I am sure will provide you with such a form. Alternatively, reply back to my website and I will be happy to provide you with such a form without charge. Remember , do not let the 10 business day tiem lapse.

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta,... more
  3. Douglas Warren McDonald Jr.

    Contributor Level 10

    Answered . send me your email and i will send you a form

    or call 706.778.7178 on monday

    you may also call my investigtor and get one for free his name is sam 706.244.4994

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