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.
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.
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