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Richard T. Ryczek Jr.
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Richard Ryczek’s Answers

107 total


  • Can you get a pouring permit in the city of Alpharetta with one dui charge?

    I was charged with a dui and just recieved a job serving in Alpharetta. I know the laws are a lot stricter on receiving your pouring permit and I can't find any information online that says what can deny you from getting one. I have no other charg...

    Richard’s Answer

    I did a very quick search and it looks like you will not have an issue with a DUI. However, I would recommend that you have a good lawyer do a more thorough search before relying on that advice. Or, contact the City of Alpharetta to confirm. I relied on the Alpharetta Municipal Code (a link follows) but I can't guarantee that it is the updated code as I only did a brief search. As for your pending DUI, you should consider having a good lawyer look at the case to help you decide whether you can avoid a DUI conviction. https://www.municode.com/library/ga/alpharetta/codes/code_of_ordinances?nodeId=THCO_CH3ALBE_ARTIINGE_S3-9LIQU

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  • What do I need first; the interlock or the driving permit? (I have been 12 years without a drivers license)

    3 DUI's in 5 year period, last one in 2004, court case in 2008. Today my drivers license is still under suspension. I have completed all the required counseling, driving schools and paid all fines. All I have left is the ignition interlock device....

    Richard’s Answer

    You should be able to reinstate if you get an ignition interlock device waiver signed by the judge. Depending on the judge, you may have to have a lawyer do this for you.

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  • Can I get my DUI arrest removed from the insurance database Lexisnexis since the charges were dropped to a reckless driving?

    Was arrested for DUI in Dekalb County Georgia 3 years ago. The charges were reduced to a reckless driving charge. Speaking to my insurance carrier, he said it's showing up in the Lexisnexis database as a DUI/Possession (no possession was ever in ...

    Richard’s Answer

    Yes, you should be able to get Lexis/Nexis to remove the possession charge from their database if that charge never existed. It sounds like you had a pretty good lawyer in order to get the charges reduced to reckless driving. You might want to contact your original lawyer to help you with this. If you wish to try to accomplish this on your own, you will want to obtain certified proof of your ARREST records from the jail indicating that your charged did not involve possession. If Lexis/Nexis is showing a conviction for the DUI, you will want to get certified proof that you were not convicted of the DUI (they will likely continue to show that you had the DUI arrest). Send the certified proof to Lexis/Nexis and request that they corrected their records.

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  • What should I do?

    I am 20 years old, be 21 in September. My court date is at the end of July. I was at a concert and two people rode with me there, I did have alcohol in my car. They were drinking. I drank at the concert and I thought I was fine to drive(stupid I k...

    Richard’s Answer

    It doesn't sound like you received a DUI, and you only received the tickets that you referenced. It is still important to keep your record clean. I echo the others in recommending Ralph Hinman. (706) 278-2488

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  • DUI in GA. What is the possibility I get the case dismissed without a lawyer? What is the worse-case scenario?

    I have a question, back in 2012 I received a DUI (.086) in GA no accident. At that time, I got arrested and served 30 days in jail for a previously unpaid ticket (expired tag with a FTA). Subsequently, I lost my job. After serving the 30 days, ...

    Richard’s Answer

    Since this is not your first DUI arrest, the prosecutors are less likely to want to let go of the case, and are more likely to track down the officer and make him come to court. You will want to get the help of a good DUI lawyer. If you cannot afford a lawyer, it would be a good idea to ask for a public defender to help you navigate this case properly.

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  • Do I have a defense against DUI if I was forced at gunpoint to drive. And never left private property.

    Was fishing with a friend on his families property. The guy that manages the property came down after we had went to sleep because we had been drinking and made us leave at gun point. said he didn't want any one there at night. He says he didn't c...

    Richard’s Answer

    The other attorneys that mention a coercion defense are correct in that you have a defense to the driving. The actual defense is called justification. You cannot be convicted of a crime if you are justified in doing so. In fact, justification is an affirmative defense. When you raise an affirmative defense, the prosecutor must not only prove their case beyond a reasonable doubt, but the prosecutor must DISPROVE your defense beyond a reasonable doubt. If you legitimately were thrown off the land at gun point, and you did not drive a far distance (sounds like you were stopped by police before exiting the property), then you have an excellent justification defense. It looks like you have an excellent case.

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  • How can i obtain a work permit being that i got a DUI when i was 18, they want money to pay for it, but obviously i need a job

    Got a DUI at 18 and am 26 now can i get a work permit

    Richard’s Answer

    If you are 26 now, and you received a DUI CONVICTION when you were 18, you are eligible to completely reinstate your license provided that you have completed DUI school and that you pay a $210 reinstatement fee. Money might be tight, but not having a license is costing you much more than the $355 for dui school and $210 for the reinstatement fee. Figure out a away to pay for these things, reinstate your license, and get your life back on track.

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  • Do I need this clinical treatment?

    DUI second offense. Done with probation. Working on getting permit. Jumping the various hurdles required of me. I took the clinical eval and the clinician told me she didn't think I needed addtl treatment, but that her supervisor would require it ...

    Richard’s Answer

    If this is a second conviction within five years (from date of arrest to date of arrest), then generally you will need to have completed treatment in order to obtain a work permit. If it is a second in ten conviction, then you may not need to complete treatment. It is up the the evaluator (not your probation officer) to determine whether you need treatment. Some evaluators are under the mistaken impression that they need to recommend treatment. Those evaluators have told me that the Director of the Georgia Department of Behavioral Health instructed them that they MUST always require treatment. I confirmed with the director of GDBH, and he told me that this is a false statement. As to your evaluator, you may have a well-meaning supervisor that is doing you a service by requiring treatment when you might not actually NEED it, but when it is required for DDS purposes. I would consult a local lawyer to determine which is true, but much of the answer depends on how close in time your two convictions were to each other.

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  • Can I get the interlock installed in any vehicle whether its registered to me or not?

    I'm trying to get the ignition interlock installed, but I'm wondering how it works as far as the vehicle its installed in. I have a truck I just purchased but obviously its not registered in my name yet bc I cant get my DL until I get the interlo...

    Richard’s Answer

    The law requires that you install an ignition interlock device on any vehicle that you own OR operate. You will be able to get the ignition interlock device installed on any car.

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  • How would my Alabama DUI conviction under plea deal not including driver's license suspension in the sentence affect my GA DL?

    Current Georgia Driver's License holder/Georgia resident with: 1. Georgia DUI case found guilty and is currently on an appeal process - Georgia Department of Driver Services consequently suspended my license solely due to the guilty convic...

    Richard’s Answer

    1. Georgia should not delay the suspension even though you have an appeal bond. However, if the clerk does not send the conviction to DDS, then you will not be suspended even though you should be suspended. If the clerk does not send in the suspension, it might cause you future problems if you ultimately lose the appeal. It might appear to DDS that you have two Georgia convictions. I know it doesn't make sense, but it often happens that way.
    2. If Georgia knows about your AL suspension, you will be suspended in Georgia.
    3. AL conviction can affect status in GA as a second conviction. If you win your appeal and your GA conviction is reversed, and the DUI case is ultimately dismissed, the GA suspension will be deleted from your driver's history, and you will only face the AL suspension.

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