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Lance Warren Tyler
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Lance Tyler’s Answers

60 total

  • Officer withdrew charges against my license for dui less safe at the als hearing so what will happen next?

    the agreement was that i did not have to say i was guilty or say it was wreckless driving. we did not have a plea agreement. after he withdrew the charges the following week i went to the arraignment. i pled not guilty. spoke to someone and she sa...

    Lance’s Answer

    You should take advantage of the free consultations offered by any number of DUI defense attorneys on AVVO. During the free consultation, most DUI defense attorneys will tell you what you are facing on a plea of guilty to DUI as well as how to defend against the charge. If you are contesting the DUI, you will need an attorney to get through motions and trial. If you cannot afford an attorney, even with a payment plan, you will still have a better idea of what you are facing and what to be sure to ask for when you negotiate with the solicitor.
    To answer your question, at calendar call the judge will ask you to make an announcement regarding your case. If you are going to trial, you will need to announce ready and tell the court whether you wish to have a bench or jury trial and whether you wish to have the trial reported (a record of the trial by a court reporter). You will also have another opportunity to discuss your case with the solicitor and to enter a negotiated plea in the case. Between now and your calendar call date, you should request a copy of the police report and should seek additional information and discovery concerning your case.

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  • DUI versus Failure to maintain a lane

    My mother was arrested for DUI. She was not drunk, but did blow over the legal limit. This is her first offense and has never been in trouble with the law before and she is in her late 50's. However, in our local paper it said she was arrested f...

    Lance’s Answer

    Robert's answer is absolutely dead on. Most DUI defense attorneys offer a free initial consultation and will help her with the request for an ALS hearing without charge. She should interview a couple of attorneys to get a feel for expertise, experience and strategy. A referral from someone who has used the attorney's services and had a good outcome is the best way to find an attorney who will do a good job for your mother. I wish her the best in what is a trying and stressful situation.

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  • Can someone go to rehab rather than going to jail they know revocation is likely?

    Currently on probation for reduced sentence of reckless from a DUI and have been charged again with DUI.

    Lance’s Answer

    Richard is right. The options available to you will depend on the probation officer, the judge, and the facts in your case. You need to retain counsel for the probation violation and the subsequent DUI. It sounds like the attorney who represented you on the first DUI did a good job. Contacting him or her may be a good place to start.

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  • At my hearing the officer did not show up and the Judge cancled the hearing, is my liencse suppended or can i get a new one?

    i recieved a finial decision order of dismisal. it saya that the the defendant is REVERSED

    Lance’s Answer

    If the Order is in your favor, you can take it to DDS and get your license. If you are unsure whether the judge rescinded the suspension, you can call DDS at (678) 413-8600 to find out the status of your license. You may also call the Judge's assistant (see www.osah.ga.gov for a directory). Keep in mind that if you are convicted of DUI, there will be a license suspension. Good luck with your case.

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  • How do I beat a breathalizer

    How can I beat a DUI where a breathalizer was administered?

    Lance’s Answer

    Mr. Lawson is correct. The first thing you should do is have your case reviewed by an experienced DUI defense attorney to determine whether there are issues which could cause the test results to be inadmissible (suppressed)or if medical, environmental or system issues place the results in doubt. A "breath test" DUI case is very different from a "less safe" DUI case and requires specialized knowledge on the part of your attorney for you to have a chance of prevailing.

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  • I'm in Ga and i am getting ready to have a dui case come up. i have not goten a lawyer and do not have pb deferender.do i have 2

    do i have to have a lawyer or be presented by a pb defernder. can i just got into bench trial and plead guilty?

    Lance’s Answer

    As Mark indicated, you are not required to have an attorney, but an attorney can advise you on the best course of action and help you navigate through many obstacles you may not be anticipating. Even if you do not qualify for a public defender and cannot afford to hire a private attorney, there are still some things you can do. Many DUI defense attorneys offer a free consultation where you can get valuable information regarding your case. During your consultation, an attorney can tell you what to expect, what you need to do to help save your license or to obtain a work permit and review the facts in your case to identify any legal issues which may help get you a reduced sentence. You should call a couple of DUI defense attorneys in your area to see whether you can set an appointment for a free consultation. Good luck with your case.

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  • How does one correct a missed DUI court date due to the attorney's office incorrectly canceling the date?

    A court date was set for a DUI case. The lawyers office called to cancel the date. However, this cancellation was an error which resulted in a missed court date. The bondsman is demanding payment due to the missed court date. What is the best ...

    Lance’s Answer

    Richard and Jason are right. You need to contact your attorney and have him/her arrange to go with you to have the bench warrant recalled.

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  • Is it possible to escape jail for DUI 1st offence when refused breath test and told the police officer about havnig 2 beers

    I was asleep at the wheel at a signal and accepted to all the field tests and was hesitant to breath test told the officer that I am unable to decide and he can do whatever he feels right, to which the officer constued it as REFUSED. I told the of...

    Lance’s Answer

    Most reputable DUI defense attorneys offer a free consultation where they will give you a "10 day letter" to preserve your right to the administrative hearing and review your case with you. You should interview a couple of attorneys since we have different approaches and strategies to DUI defense and different fee structures. An attorney cannot tell you whether there are issues sufficient to contest your DUI until after reviewing the specific facts in your case, including the identity of the arresting officer, any witness and whether and how the officer conducted field sobriety evaluations as well as the original bases for the stop.

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  • What happens if you decline or refuse to take the breathalyzer test?

    If I get stopped for a minor violation, like failure to dim brights, can you decline the breathalyzer test? What happens from refusing a breathalyzer test in Georgia? Should I take the breathalyzer test?

    Lance’s Answer

    In Georgia there are two types of breath test. The first is a preliminary breath test (PBT) given on the road side. Usually an Alco-Sensor type hand held device. This breath test is entirely voluntary and you can refuse the PBT.

    If you refuse the second type of test, the State required test, the officer is required to place you under arrest for DUI and the officer must advise you of your implied consent rights under Georgia Law. If, after being arrested and read implied consent, you refuse this type of breath test your license may be suspended for refusing the State test. If you are charged with DUI and you have refused the State test, you should request an Administrative License Suspension hearing which, as mentioned above, now has a $150 filing fee.

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  • What is the process for taking care of bench warrant issued for failure to appear to court? No court date received.

    On June 3, 2009 a ticket for DUI was issued. No arrest was made that night, person was free to go. A breathalyzer was given; no results listed on the ticket. About two months later the ticket was checked on to find out how much the penalty/fee was...

    Lance’s Answer

    Your question is cut off, so I don't know whether the defendant was arrested on the bench warrant. I also do not know in which court this case is pending. If the defendant was not arrested on the bench warrant, the first step is to contact judge's clerk to see whether and when the defendant can "walk in" on the charge and seek to have the bench warrant recalled. How the matter can be handled depends on which judge is assigned the case and the specific facts in the case. Usually, if there is cause for the defendant's failure to appear, the judge will allow the defendant to walk in and the bench warrant may be recalled. In a DUI case, a physical arrest is usually made at the time of the charge unless the defendant was transported to the hospital for injuries. You should suggest the person contact an experienced DUI defense attorney for a consultation. Most DUI defense attorneys offer a free initial consultation.

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