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Will Fulton County, Atlanta, GA extradite from Pennsylvania for an outstanding misdemeanor DUI? Or, what is the likelihood?

Atlanta, GA |

I received a DUI about 3 years ago and was sent away for work. It was pending, and supposed to be dropped according to my attorney at the time. Evidently a court date was set that I missed. It was a second DUI, but a misdemeanor. There was not any accident, just simply a traffic violation for a rolling stop resulting in the DUI. My question is, if I have contact with the police, what is the likelihood I would be extradited?

I realize that my driving privileges are revoked as a consequence of not having this resolved yet and that there is a FTA/bench warrant in conjunction with failing to appear for the DUI hearing.

Thank you for any insight.

Attorney Answers 5


I seriously doubt Fulton County is going to extradite you form that far away. I handle hundreds of cases down there a year, and I have never heard of this happening before. Your best bet is to have a lawyer go remove the FTA status on your case. This is a very simple process that takes about 5 minutes, and can be done without you having to appear. This will also remove the warrant. Fulton County rarely reports missed court dates to DDS so I would be surprised if your license is suspended from this incident. In either event, this is a very easy warrant to clear.

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. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). 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.

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You may have a local counsel assess that plan by inquiring Will Fulton County, Atlanta, GA on your behalf tactfully. No matter what you would do, a professional attorney negotiating this matter on your behalf is a much more logical method than pro se.

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First off, do you already have an attorney? Secondly was it Atlanta that gave you the ticket or Fulton county police?

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I do not, but do intend to secure one; I just became aware that my previous attorney did not resolve the case completely. The law enforcement agency was the Georgia Dept. of Public Safety - the agency ORI Number is GSP0000000. I am concerned about being extradited, i.e. in a traffic stop, before I have a chance to resolve the case.

Michael David Barber Jr.

Michael David Barber Jr.


If its gsp/dept of public safety it was probably from Atlanta municipal. As a former atlanta prosecutor i can twll you that If you hire an attorney they can get your fta issue resolved without any issues. Let me know if I can help. I am more than willing to give you a free consultation. 404-642-4379


This is obvious, but it's entirely up to whoever is working in Fulton County's extradition department as to whether they think it's worth it to extradite you. Typically, when a person is extradited and later is convicted of or pleads guilty to whatever offense caused the extradition, the county will add the extradition costs to your fines and fees on the case. I would echo other sentiments and advise you strongly to get a lawyer down here to help you navigate this mess.

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I agree with what has been said about this by colleagues, particularly the comments from Jennifer Daniels. I will only add that a second DUI normally carries a three year license suspension, with eligibility for a work permit license after the first 12 months. I mention this because you should be concerned that none of this suspension begins to run until the case is resolved. Right now - according to your facts - you have a failure to appear. You need to retain counsel and address this immediately.

I hope this helps. Good luck.

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