On average, how long does a non-trial plea deal DUI case take? How long does DUI court take?
How long a DUI case lasts can really be quick or take a while. Cases can be resolved as early a date as the arraignment. That is the date you got on the citation and or when you bonded out of jail. Arraignment is the formal charging in your case (when the state actually accuses you of committing the crime you were arrested for) so it is technically the beginning. I will strongly warn you not to rush to a resolution and finish you case at arraignment.
There are a variety of reasons why it is in your best interest to enter a plea of not guilty and continue your case. The most important reason is you still need to receive evidence/statements/videos/test results from the state to find out what they really have in this matter. There is no reward for pleading guilty early, only the extreme danger of missing out on getting a change to review critical evidence to ensure you truly know what the state has and what you are facing.
While having a case pending may be stressful, having rushed to a resolution just to have a DUI case that doesn't take long is a far worse danger which you will be engraved on your record for a lifetime.See question
I refused to take a breathalyzer
This happens very often. It is a charge that can be brought by consumption (drinking) or possession (being around the alcohol.) I would recommend you contact an attorney to help you with this issue. It is not the type of case that will go away on its own, and you need to make challenges to the evidence so as to keep the prosecutor from being able to easily obtain a conviction against you.See question
he was deatined for a regular traffic stop and taken too jail because of no licence. He has finished all his community service hours and was reporting to his PO like he was supposed to.
probation is designed to be a jail sentence served in the outside world. It is being placed under sentence for the duration of the time and should never be entered into lightly. Because of this the judge is authorized to revoke a portion or the entirety of the remaining sentence (meaning if he has months remaining on probation, revoke all-sum-or none of the months, and the same for years.) If he is on felony probation he might be subjected to detention in anything from the department of corrections to the probation detention center or the county jail. If this is a first revocation, the hope is that the court will take that into consideration and allow him to be placed back on probation. My advice is contact an attorney immediately to assist with this issue.See question
i was arrested for dui last nite and the arresting officer didnt give me the DS 1205 form nor did he keep my license , do i need to file a written appeal and request an ALS hearing ?
The short answer is yes, it is always better to be safe instead of sorry. If no 1205 was initiated in your case, you will suffer no harm by requesting a hearing. What you will do is protect your interest. A drivers license is a privilege and not a right in Georgia. Therefore, it is a lower standard of proof. What this ultimately means is that if the officer says he issued one and you say you did not get it, he will prevail and you wont have a license. Filing for the hearing will give you the proof you need. Send it certified and wait for a letter from DDS about your license. In the mean time, turn you attention to defending your case and fighting the DUI charge.See question
My step dad has served time injail for HV. 5 years he served the last time. From 1975-1996 he had approx 10 DUI's. He recently got a Dui in 09. Will he still be concidered a HV, Since the last time was over 5 years ago? What kinda charges is he f...
At the present time, Georgia has a 10 year look back on DUI in determining the severity of punishment. However, all of the prior DUIs can be used as similar transactions against a citizen at trial. [Assuming that the State can meet all of the requirements needed for presenting a sim. tran on a case as old as you are discussing].
In reference to HV status, the lookback is 10 years, so from what you are saying this will not apply to enhance the punishment your case.See question
i was stopped for a dui, (bal .10) the ticket i that was issued stated that i was eastbound at milemaker 358. When in actually i was westbound at maker 360. When in liscense division reviewed the case it was corrected by the officer. Also when ...
DUI is a very complicated and technical area of the law, and I would highly recommend that you hire competent legal counsel who regardly tries cases in this area of the law. In answer to your concerns, miranda comes into play in reference to a citizen who has been placed under and arrest and then subsequently questioned by law enforcement. In the event that you answered any questions asked to you by the officer after your arrest, your statements could be excluded from use as evidence against you. The typographic error on your ticket does not necessarily invalidate the case, as it is an essential element for the goverment to prove venue and location. In Georgia this would be a non-material defect that can be corrected by the officer or prosecutor at any time prior to trial. From what you are saying the stop itself appears to be legitimate (ie. giving you a speeding citation or warning), however it is important to determine how this stop escalated into a DUI investigation. You need to determine what probable cause the officer had to extend this encounter beyond just issuing a ticket. Also whether or not you performed Field Sobriety Testing is essential in attempting to defend your case. Finally the issue of whether or not you provided a chemical test of your blood, breath, urine , or other bodily substance to determine the presence and level of alcohol or narcotics in your body.
Once these questions are answered, you will be in a better position to determine the strength of your defense against the charge of DUI.
I got charged with a 1st DUI last year after having a fender-bender. I am on rx medication for chronic pain, oxycontin, when I told the police officer I hadn't been drinking and was only on rx med, he went nuts when I said oxycontin. I refused th...
The charge of DUI is not limited to just alcohol. It is very common for citizens to be charged with a DUI for "being under the influence" of a prescription drug. However, it is far more difficult for an officer to determine impairment based on drug use than it is based on alcohol. One reason for that, is that drug use is part of the more advanced police officer training provided to them through NHTSA ie. such programs as ARIDE and DRE. If your officer is not properly educated, it becomes difficult for the government to prove that you are in fact impaired. A true DRE evaluation is 12 steps in length, and goes far beyond the standardized field sobriety testing that you discuss in your question. Without a complete DRE evaluation, the government will likely have difficulty meeting the burden of proof. Finally, it is important to determine who the officer stopped your vehicle, as an essential part of every DUI investigation is the vehicle in motion (meaning: did you weave, were you disobeying other traffic laws) and why the officer elected to pull you over in the first place.See question
i recieved a DUI last night. i blew a 0.0 they found some marijuana on me and brought out a drug officer to test me, he said that my tests where consistant with someone who regularly smokes pot.
DUI does not necessary mean that alcohol has been consumed. Driving Under the Influence can include other drugs (such as marijuana) or even prescription medication. However, just like DUI alcohol, the prosecution must prove that the marijuana has caused some sort of effect upon your operation of the motor vehicle. If properly trained, officers are taught by the NHSTA (national highway safety traffic administration)manual about drivers who are under the influence of drugs, and the most trained officers are even DRE (drug recognition expert). However, since most road officers are not DRE certified, when a road officer believes someone is under the influence of something other than alcohol, they will take the driver back to the station, call in a DRE, and attempt to have the DRE officer perform the 12 step evaluation on the individual.
While this is the proper evaluation procedure under NHTSA standards many officers do not perform a full DRE eval, and instead perform the 3 standardized field sobriety evaluations they are taught and request a blood test from the individual. If the test shows the presence of a drug in the blood stream, the Prosecutor will try to walk it "down the line." However, this leaves a lot of room for error and can create a situation where many defenses may be available. Also, it is important to incorporate what the driver said to the officer and if the driver gave consent for the officer to search his vehicle (and if any drugs were found.) Finally your individual state's rules and regulations for per se (above the legal limit) cases comes into play.
i am trying to get my firearms permit. some things happened when i was younger but i dont remember everything. just want to be safe.
Go to your local county police department, request a background form, and provide the necessary information. There is usually a nominal fee associated with it (approximately $25.00). You are also going to need to bring either your driver's license or state ID card to verify your identity.See question