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Is it possible to get a first-offense DUI arrest dismissed?

Buford, GA |

I was arrested this weekend and will begin consulting attorneys Monday. My court date is scheduled for late November. This is my first arrest of any kind.

Attorney Answers 11

Posted

It is. It all depends on the facts. Feel free to reach out to my office and lets chat about the details.

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Posted

it depends on the facts of your case.

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Posted

It really depends on the facts and circumstances of your case. But, yes. It can be done.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

It will depend on the facts of your case.

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It is possible depending on the facts of the case. I have seen many DUI charges dropped to lesser offenses and a few dismissed outright. You need to discuss your case with a good DUI attorney in the county where you were charged.

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It's possible. DUIs can be challenged in numerous ways. But why wait until Monday to consult with a lawyer?Many lawyers, like myself, are available 24/7.

Ben Goldberg
404-985-9772

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Anything is possible, and there are lots of outcomes between "guilty" and "not guilty" such as a resolution involving reduced charges.

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

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Anything is possible but you need to hire an experienced DUI attorney.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

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Posted

According to the facts, a reduction to a lesser offense (e.g., reckless driving) is more likely to occur than an outright dismissal. Note, however, due to pressure from many advocacy groups (MADD, SADD), prosecutors are very reluctant to do anything but prosecute these cases.

Allen R. Knox
125 Townpark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399

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The easy answer in a perfect world is - YES. The realistic answer is - DEPENDS. It depends on the specific facts in your case, the experience and knowledge of the DUI Defense Attorney that represents you, the experience and knowledge of the Prosecutor, the Judge assigned to your case etc.. The best way to win a DUI case is to retain the best DUI Defense Attorney that is available to you. The attorney will then go thru the facts of your case with a "fine toothed comb" to discover any defenses that are available to you. Trying to represent yourself or hiring an attorney that is a general practitioner (handles divorces, bankruptcy, child custody, car accidents, slip and fall, workers compensation and a little DUI) is usually a very bad idea. DUI defense is a specialized area of the criminal law and requires specific knowledge of the DUI law. I hope this information has been helpful. Good Luck!!! George McCranie www.mccranielawfirm.com

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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There could be many reasons why your case has grounds for dismissal or a reduction to a lesser charge (like reckless driving), but no attorney here would know that unless they had details regarding your case. Lack of probable cause for the stop, improperly conducted FSTs, or improper breath test procedures are a couple of examples of the many things an experienced attorney would look into in order to reduce the damage a DUI conviction could cause. Get an attorney involved to ensure the best outcome for your case.

If this information has been helpful, please mark it as "Best Answer" or "Helpful". For more information, contact Joe Lariscy's office at www.lariscylawfirm.com or (706) 353-7722. Our office offers a free 60-minute consultation to discuss your case. Joe Lariscy is only licensed to practice law in the state of Georgia. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable.

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