I am at my wit's end. Son called two nights ago after being arrested and charged with DUI. We bonded him out (out of state bond is not cheap - 3,000) and now he is saying he has only 10 days to petition to get his license back or it will be taken for a year. He said he was not read his Miranda rights. Is this possible?
I am assuming he will need an attorney; it is a possibility that there may be an attorney who will work with him as far as paying his fee; he does not make a lot of money and I am on Social Security. He is in GA and I am in Orlando, FL.
Your help would be much appreciated...thank you.
DUI / DWI Attorney
Ditto, Ditto, Ditto.
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: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. 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.
DUI / DWI Attorney
If the officer kept his driver's license, and issued him a 1205 form he has 10 business days from the date of his arrest to file a 10 Day Appeal Letter to keep his license from being administratively suspended. It used to be free to file these letters, but starting last May Georgia started charging a $150 filing fee that must accompany the letter. This is not an attorney fee, but rather a fee paid to the state. Miranda rights don't apply to many arrests, and are only useful in a very limited set of circumstances concerning DUI arrests. Most of my clients never have their Miranda rights read to them when they are arrested for DUI.
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. 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.