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Michael Denis Murphy

Michael Murphy’s Answers

10 total

  • Is 13 mph over the speed limit in Dekalb County school zone, a non reporting violation in Georgia?

    A truck was in front of me a car on my left and other vehicles were behind me. I was traveling with the flow of traffic.

    Michael’s Answer

    A speeding ticket for under 14 mph above the speed limit will not carry any points on your drives license. However, there is still a possibility that the ticket will be reported to the Department of Driver Services. Especially if you the ticket reads "school zone." Good luck!

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  • Blowing under the legal limit in Georgia well that help me ?

    I was stopped on a dark road in which I had my high beams on. Didn't see the officer out of no where I was stopped. He did not read my Miranda rights but read the consent for the breathalyzer. He conducted two tests in which one of them he decided...

    Michael’s Answer

    There is a possibility that you were still charged with DUI Less Safe. There are certain procedures and evaluations such as field sobriety testing that the Officer is trained to use in order to make an arrest decision. It would be in your best interest to contact a DUI lawyer to examine your case. Blowing below the legal limit is certainly a strong fact in your favor. Good luck with your case!

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  • My son got arrested for robbery in savannah. he has also violated his felony probation in clayton county..what is he facing

    first offenders probation..violation of GA controlled substances act and possession of marijuana less than a oz.

    Michael’s Answer

    I agree with Ms. Polster and Mr. Barber. Both cases will be handled separately. The sentence range on the charges in Clayton County will dictate the possible outcomes there. In Georgia, Robbery carries a sentence range of 1-20 years. It is critical that you contact a lawyer soon to review both cases. Good luck.

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  • When on first offender what happens when it gets to ten years

    Entering auto

    Michael’s Answer

    Generally speaking, if you complete a First Offender plea successfully then your record can possibly be sealed. Ultimately, it depends on the length of the sentence imposed by the Judge. If you have completed probation, then you may want to get a copy of your criminal history from your local sheriff or police department. That should indicate the status of the case you are on First Offender treatment for. It probably would be a good idea to set up an appointment with an attorney to help analyze your criminal history or any sentence documents you may have from the court to determine if there are any other necessary steps you would need to take. Good luck.

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  • Should I forgo plea bargain in DUI case and risk jury trail?

    Fulton county prosecutor has offered plea bargain. I have 2 DUI arrests (back to back from 2 years ago). Reduce 1 to wreckless, and plea to 2nd DUI. Wants to do aggravated punishment with 6 days jail time. This does not seem like a bargain...

    Michael’s Answer

    While I certainly understand your concern, it is in your best interest to follow up with any questions you may have with your current attorney. He/she will have a better grasp of the facts and legal defenses that may be available in your specific case. Good luck.

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  • Can i be charged with dui if i wasnt in control of my vehicle and inside my home.

    I blew a .148 1 hr after i was taken to jail officer never read me my rights he came to my home to issue me a citation for speeding 30 mins after i made it home and yes i was having a party and i had started drinking i only weigh 130lbs

    Michael’s Answer

    The Officer can charge you with DUI if he/she believes you were driving or in actual physical control of a motor vehicle while under the influence of alcohol. It sounds like you may have some defenses to the charge. I would strongly suggest that you contact an attorney as soon as possible to discuss potential defenses going forward. Good luck.

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  • I failed an Ignition interlock test. What should I do?

    I was convicted of 2/5 DUI in July. I had my ignition interlock installed and within the first week, I failed a test in the morning trying to start my car. I waited about 3 hours, tried again and passed. It didn't cause a lock-out or "early rec...

    Michael’s Answer

    You should definitely contact a lawyer to review the potential consequences associated with your specific case.

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  • I was on probation from April 2014 til now I have a warrant because I didn't complete my probation or I didn't show up for court

    I wanted to see what's the maximum time I will get for this violation

    Michael’s Answer

    Much if it would depend on what you're on probation for and how long of a sentence you received. Especially if you entered your plea under the first offender act. I would strongly suggest that you contact a lawyer immediately to help you address the active warrant.

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  • What are the steps to getting a license back when they were revoked from a DUI??

    Hello, my fiancé is currently in prison for a dui, he has spent 2 years in the Ohio state prison and is looking to be released early for good behavior. He and I both want to know what the procedures are for him to obtain his license . He plans on ...

    Michael’s Answer

    Your fiance should be able to obtain a Georgia Drivers license if he does not have any suspension or holds on his license in Ohio. I would suggest contacting the Ohio Bureau of Motor Vehicles to see if he has any holds or suspensions currently on his license there. Once that is cleared up, he should be eligible for a drivers license in Georgia. Good luck! I hope it works out.

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  • Can you be given a DUI if no one pulled you over and you are arrested from your Home in Georgia

    I recently had my sister in law make a complaint against me that I had run her off the road and almost caused her to have an accident or shortly after her complaint was made the police arrived at my house with my vehicle was still warm from not ...

    Michael’s Answer

    The State has the burden of showing that you were in fact under the influence of alcohol to the extent that you were a less safe driver. Somewhere along they way they will need evidence to show that you were actually driving. I would strongly suggest contacting a lawyer who can help you further investigate your case. Good luck.

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