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D. Benjamin Sessions
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D. Sessions’s Answers

26 total

  • What are my options ? I have only enough money for a court appointed lawyer. do I have any chance of winning this?

    I was pulled over for dwi in nh on Jan 1st this year. I believe it will be an aggravated dwi just based on my personal opinion. This will be my second dui...the first five years ago..aggravated dropped to regular dwi. The officer brought me to the...

    D.’s Answer

    Don't be overwhelmed. You just need some help in dealing with it. Begin the process of applying for a court-appointed attorney.

    If you are looking for a bright spot, the failure of the breath test machine may be very beneficial to you. That is a fact that many of us would surely take advantage of.

    Best of luck to you.

    Ben Sessions

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  • Can I get my gun rights restotred after having aggravated assault conviction

    Gun rights

    D.’s Answer

    A good place to start is: http://pap.georgia.gov/sites/pap.georgia.gov/files/Pardon%20App%20Jan%202013.pdf

    Good luck to you.

    Ben Sessions

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  • How can I be arrested for refusing the field sobriety test if I'm not legally obligated to take it

    Field Sobriety Test

    D.’s Answer

    You have been arrested, so there is nothing that can be done to change it now. Focus on what is coming up. The larger (and probably more important) questions that are lingering are: (1) can they use the refusal to submit to voluntary field sobriety tests against you at trial and (2) is the evidence sufficient to prove you guilty beyond a reasonable doubt without field sobriety evidence?

    Good luck to you.

    Ben

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  • What is the policy for entering Canada with DWI in the US court system? Thanks!

    I have already selected a lawyer to support me through the trial process for my first DWI (BAC = 0.1) in Houston, TX. A business trip is slated for Feb 2016 in Canada. The website resources aren't straightforward - What is the policy for entering ...

    D.’s Answer

    Just a few points to add:

    1. Speak with Canadian immigration counsel.
    2. A DWI/DUI charge can bar entry.
    3. Obtaining entry illegally can lead to much great trouble. Be very careful about simply "chancing it".

    Best of luck to you.

    Ben Sessions

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  • How will a dirty ua effect my diversion contract?

    I've been in diversion for two months. I passed my initial ua. But relapsed 3 weeks into the program and tested positive for cocaine. Will I be revoked from the diversion program and slammed with a DUI charge?

    D.’s Answer

    Generally, a positive screen will result in a reinstatement of the original charge. Take an hour or so to meet with a local, well-respected criminal defense attorney regarding what steps, if any, you can take to salvage the diversion program.

    Good luck.

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  • I am trying my own DWI case which is 10 years old. The prosecutor told me that take me to trial and you will probably beat me b

    Trial for a 10 year old DWI

    D.’s Answer

    First, its a really good thing that you want to hold the State to its burden of proof at a trial. Not everyone can afford a quality DUI/DWI attorney, so I understand why some people make the decision to try their case without an attorney. However, you should take some time to speak with qualified DUI/DWI attorneys in person. Many will give you helpful advice with no charge.

    Good luck.

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  • Can I beat this DUI charge?

    I was pulled over in Georgia about 10:30 pm an unknown vehicle threw a beverage threw my driver window that i believe contained alcohal this causes me to swerve and had a slight bump with another vehicle where are mirrors touched the other party d...

    D.’s Answer

    Get a good lawyer that has a track record of defending these cases. Don't worry about finding him/her on AVVO. Every talks a great game (well, some better than others) on here. Interview some lawyers in person. Talk to your friends and family.

    Just based on the short summary you provided, there are certainly some issues that need to be cleared up and could be favorable to you.

    As an aside, I love the response of the random out-of-state lawyer that says, "you better have a good excuse for refusing". Can you imagine what he tells people that actually SUBMIT to the test and are above the legal limit? Poor prospective clients. He'd be a hell of a prosecutor.

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  • Could this citation be thrown out or dismissed?

    Hello, I live in Georgia. My question is about a DUI citation I received on Dec. 18 of 2015. My citation has the right offense committed date, but the arresting officer wrote for me to appear in court on the 4th of January of 2015.

    D.’s Answer

    You have received some good responses thus far about the (non-)effect of the incorrect date of appearance on your citation. However, you should be very careful to follow up with the Clerk's in the court regarding the correct court date. A lot of people disregard citations with incorrect appearance dates and get their license suspended and/or an arrest warrant issued. Don't ignore the citation.

    Take care.

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  • How long does an open container violation stay on your driving record in the state of Georgia and is there any way to get it off

    My fiancé received an open container ticket while I was driving , and was fined $395 and now he is not able to be insured at his job that requires him to drive company vehicles..... Please help!

    D.’s Answer

    If he paid the citation, he has a conviction on his MVR, and it is difficult (and expensive) to vacate a conviction. It is possible, but not a sure thing. One other consideration that I would point out: it gets more difficult as time passes. So, if you would like to try to vacate the conviction/plea, do so sooner rather than later. There are some rather harsh deadlines that must be met in the process.

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  • Is the State Court DUI conviction appealed to the court of appeals or to the superior court? Do I need a supersedeas bond?

    I am appealing a DUI conviction that occurred in the State Court of Georgia.

    D.’s Answer

    If a challenge to the constitutionality of a statute is/was raised, the appeal goes to the Georgia Supreme Court. Otherwise, the appeal goes to the Georgia Court of Appeals.

    A supersedeas bond will stay the enforcement of the sentence (with the exception of the license suspension) during the appeal. I make the decision as to whether to seek one on a case-by-case basis.

    Good luck.

    Ben

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