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Sean Phillip Park

Sean Park’s Answers

9 total

  • Can you go to jail if you cant pay your fine and probation payment if your not working? is it better to pay off fine rig

    first dui ever, never been in trouble before,

    Sean’s Answer

    Short answer - maybe. Depends on the judge you're in front of.

    Lone answer - it depends on your individual case and what efforts you have made to pay off your fines and what efforts you have made to find work or otherwise earn a living if you are out of work and having trouble making ends meet. The key is documentation and communication both to your probation officer as well as the judge if you are brought back into court to explain to judge why you can't pay fines.

    And, YES, the sooner you can pay off your fines and complete other conditions of probation, the sooner you might be able to petition the court to go non-reporting or terminate probation altogether.

    Good Luck!

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  • I have an attorney and have a calender call next week -do i have to go to.

    dui precription drugs -trace of xanx in system from blood test-i do have a legal prescription for it

    Sean’s Answer

    Every court has their own rules as to whether a defendant must appear at calendar call or waive their appearance if they are represented by counsel. Most courts, however, require the presence of the defendant at any trial calendar or court appearance beyond formal arraignment.

    If you have an attorney, the best advice would be to follow the instructions of your lawyer as he/she will be familiar with the specific court's requirements.

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  • DA 1205 form was filled out incorrectly by arresting officer . . . Does this help me ?

    I refused to take a Breathalyzer test after being arrested , but I did submit to the field test . The arresting officer checked the first two spaces on the DA - 1205 form , indicating that I had tested positive above 0 . 08 . Considering tha...

    Sean’s Answer

    You need to request a temporary hearing with dds within ten days of your arrest or your suspension will be upheld and you could be without a license for up to a year.

    My office handles primarily DUI cases and I'd be happy to speak with you over the phone to discuss the particulars of your case.

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  • I got ticket for making u-turn ,but I was driving on a restricted permit

    There was a checkpoint i was following a friend for directions ,but he made a left turn and went into an apartment complex all i did was follow him ,but the officer wrote me a ticket anyway!Will i go jail for this?I paid the ticket by the way !I ...

    Sean’s Answer

    If you've already paid the ticket, there should be no further punishment for you. The reason for the subpoena is probably a result of you following your friend home and the state seeking to call you as a witness in a case against him. Was your friend arrested for DUI or some other serious traffic offense?

    Look closely at your subpoena - it should be clear as to why your being hailed into court. If its not, call the agency that is issuing the subpoena and found out why they want you there.

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  • Do I need to inform my employer I was in jail for a DUI. I posted bail and am waiting to appeal the charges

    I was pulled over last night for a DUI, I intend to get an attorney and fight this charge because I am young with a bright future and I do not need this on my record for the rest of my life. Do I need to inform my employer about last nights screw ...

    Sean’s Answer

    Unless your employer has some requirement that you keep them informed of any criminal offenses as a condition of your continued employment, I don't think you need to inform them of your arrest. This may sound a bit cliche, but you are innocent until proven guilty and telling your employer may do you more harm than good at this early phase of the proceedings.

    CAVEAT: If your job requires you to drive and you were served with an administrative suspension form upon your arrest (DPS 1205 form), your right to drive could impact your ability to continue your current work responsibilities. Did you refuse the intoxilyzer test or did you blow over a .08? If either of these situations applies to you, you likely are also facing an administrative license suspension - if you wish to save your license while the DUI charges are pending, you need to notify the department of driver services that you wish to contest the administrative suspension of your license and request a hearing on the matter. That hearing request needs to occur within 10 days of your arrest date.

    Bottom line - you need to get in touch with an attorney as soon as possible to preserve all of your rights as the case is pending and put up the best defense you can to either acquit you of the charge or get the DUI charge reduced to reckless driving.

    I'd be happy to answer any further questions you may have, however I do not handle cases as far south as Macon.

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  • My son was stopped a mile from the house on dirt roads for drinking and passed the field sobbriety test, but registere 0.82

    On the ticket the wron road was wrote down that he was stopped on , what do you suggest. The state trooper told the sheriff's deputy that he should have followed him home. But the deputy told my son that he was upset because my son's ex-wife too...

    Sean’s Answer

    There are a few inconsistencies with your question. If your son got to a point where he was registering a reading on the breathalyzer, the officer had already made a decision that he was less safe to drive and placed him under arrest. If there was incorrect information written down on the citation, that might be good ammunition for an attorney to attack the inconsistencies with the State's case, however the strength of the State's case against your son is going to come down to the video evidence (if any) of how he performed on the field sobriety evaluations.

    I highly recommend your son contact an attorney in your area to assist with a defense in the case. And for future reference, if you or your son are ever stopped again for suspicion of DUI, the best course of action is to politely decline to perform any of the field sobriety evaluations - they are voluntary and your don't have to do them. In fact, if the encounter with the officer has gotten to that point, you're not going to be able to talk your way out of an arrest based upon your performance on those evaluations. And you're only going to be giving the officer additional evidence to use against you that you were under the influence of alcohol to the extent you were "less safe" to be on the roadways.

    I wish you and your son the best of luck. Your son should definitely begin inquiring of a lawyer to assist him in his case as soon as possible.

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  • If my 1st offense DUI is transferred to state court, what is the process after arraignment?

    How many more times does a person normal go to court after arraignment? Can it be several times or just once? I want to get my charges reduced to reckless driving. But, with a lawyer working on a case like this, I am just curious how the case woul...

    Sean’s Answer

    If you have already been through arraignment, the amount of time you have to prolong your case will depend on the type of trial you selected. If you asked for a bench (judge) trial, you likely were given your next court date at your arraignment - probably no more than 6 weeks from your arraignment date. If you opted for a jury trial, your next calendar will be the calendar call for the court to inquire if you are prepared for trial. At that point, you can ask the court for a continuance and the court will usually permit you one continuance. The prosecutor will also be entitled to a continuance at some point, depending on witness availability - but they will also keep track of the number of times you seek a continuance on your case and will oppose any additional continuances you seek after the first one.

    As a former prosecutor, I can tell you that you need to at least inquire of a lawyer to see if they can assist you in getting the charges reduced. Prosecutors are rarely inclined to reduce a case with a breath result over the legal limit. However, if you have an officer who has already not shown up for the administrative hearing, you may have a shot down the road that he may not appear at the trial of your case - that may be a longshot though.

    If you have further questions about the process, I'll be happy to discuss them with you at no charge. My office is based in Suwanee and I have experience handling cases in Gwinnett.

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  • I took a breathalyzer that gave a sample of .052 and indicated a insufficient sample afterwards. Does this mean it's inaccurat

    I was pulled over by an Atlanta police officer for failure to use a turning signal when switching lanes on a 2 lane road. I was avoiding a pot hole because this particular road is doing major construction for Georgia Tech. So he asked me if I had ...

    Sean’s Answer

    When did your arrest occur? As the other lawyers have mentioned, time is of the essence if you want to preserve your privilege to drive. I handle DUI cases in the Atlanta area and my office is based in Suwanee (but I actually live in Atlanta).

    I'll be happy to speak with you at no charge to determine more specifically what options you have. I'm a former prosecutor who has tried many DUI less safe cases - and you can bet that the officer is going to use your asthmatic condition against you and say that you were "playing games" with the machine.

    Ultimately, your case will come down to how you looked on the video. Everyone who ever encounters a police officer who suspects them of suspicion of DUI should know that they are most likely on video. And as the field sobriety tests are voluntary, you should POLITELY DECLINE to do them (if the officer's investigation has gotten to that point, you WON'T be able to talk yourself out of an arrest by doing the field tests).

    Feel free to contact me at 678-592-8743 or make sure you contact another lawyer with extensive DUI experience to assist you with this case.

    Best of luck.

    Sean Park

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  • I used the term "I'd rather not" when i was asked to take a blood test by an officer in dui case.

    was in minor accident when deputy wanted a blood test,so i said i'd rather not.didnt say no i will not.this is only reason court is still charging me with dui is because they say i refused the blood test

    Sean’s Answer

    As I tell all of my clients, potential clients, friends and anyone who will listen to me, the best thing that anyone can do when under suspicion of DUI is to:
    1. Be as polite as you can be to the officer
    2. Assume you are on video
    3. Respectfully decline any of the field sobriety testing - they tests are voluntary and you don't have to take them in Georgia
    4. If the officer still decides to arrest you and reads you the implied consent notice to request a sample of your blood or breath, refuse that test unless you are 100% positive that you will be below a .08.

    Jim is correct that a lot of other factors go into an officer's decision to arrest a subject for DUI. And not knowing the particulars of your case, and based upon your refusal, the prosecutor is charging you with DUI based upon the observations of the officer that he believed you were a "less safe" driver.

    I would highly recommend you get in touch with a DUI defense attorney in your area and quickly. Since you refused the test, there is a possibility that the officer may try to administratively suspend your license for a full year. And you only have 10 days from the date of your arrest to contest an administrative suspension.

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