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John Tally Martin

John Martin’s Answers

7 total

  • Is it possible to have the implied consent law reversed after pleading guilty tk the dui?

    John’s Answer

    It all depends on the 1205 form, were you served with one of those? If so, you have an uphill battle on your hands. But given the severity of the implied consent penalty (1 year hard suspension) you should at least consult an experienced DUI attorney to file an out of time appeal.

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  • Is there any way I can reopen a DUI case I plead guilty to?

    John’s Answer

    As Attorney Sullivan opined, "You can file a motion to withdraw the plea and set aside the conviction prior to the end of the term of court at which the plea was entered or within 90 days of the conviction (whichever is greater)". You might also consider a habeas corpus action alleging the plea was not knowing and voluntary. Many judges now state during the advisement of rights that your immigration status may be affected. I would start with ordering the transcript from the guilty plea.

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  • A dui case was considered to be administratively closed and to have been cleared by the arrest of the offender.

    John’s Answer

    the arrest of the offender is never going to "clear" the case, in fact its just the beginning. To be closed the charge would need to be dismissed, plead guilty to, or otherwise dealt with.

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  • DUI reduced

    John’s Answer

    As posted by another attorney, almost all traffic citations in GA are considered misdemeanors, so you need to be careful. I think you need to get the "final disposition" from the court where the reckless driving plea was entered and see if they attached probation to the guilty plea. If so, then I think that is clearly a "crime". If its just a fine and no probation, you could probably in good conscious consider it as a violation of the rules of the road - like running a stop sign or red light

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  • Am I better off with a public defender from that court or an inexperienced criminal lawyer who can devote more time to my case?

    John’s Answer

    If the public defender has DUI experience I would think the PD over inexperienced private attorney. With it being GSP and video being available, you need an attorney with DUI experience.

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  • My 20 year old son was arrested for DUI after blowing .02. Blood test came back negative for alcohol. Does he need a lawyer?

    John’s Answer

    Yes, the law says you can be arrested for DUI anytime within 3 hours of being in physical control of a vehicle. Assuming he blew and then they got a blood test, the blow ticket could be perceived as more accurate.

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  • Is a Superior Court Judge the only one that can set a bond for a felony arrest?

    John’s Answer

    No - most recorders court or preliminary hearing Judge's can set, and do set, bonds on all misdemeanors and all but a fwe specific felonies. If you are charged with one of the 7 deadly sins, your case will be bound over to Superior Court, and only a Superior Court Judge can set a bond on those charges.

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