Skip to main content
Justin Spizman
Avvo
Pro

Justin Spizman’s Answers

359 total


  • How to prove I was drugged the night before a DUI arrest was made which resulted in a blood test?

    My friends had put me in a cab the night before...because I started getting really sleepy all the sudden at the bat after taking candy from a complete stranger...yes I know not to do that but was drunk and did not use my best judgment...my friends...

    Justin’s Answer

    You should immediately go to the hospital, report that you were drugged, and then get an independent blood test from medical personnel. Your next step should be to consult with specialized DUI Attorneys as you will need their help to argue that you were involuntarily intoxicated.

    See question 
  • What are the legal ramifications for a first offense DUI with 2 counts of child endangerment?

    My son did a truly stupid thing this weekend and was subsequently arrested with the above charges. He is deeply remorseful and is attending his first AA meeting tonight. He knows he needs to contact a lawyer but we are wondering what proactive st...

    Justin’s Answer

    While this is a difficult position for your family to be in, taking positive and quick action can certainly help to mitigate the case. For example, at our firm, we recommend each and every client to get professionally evaluated for chemical dependency. We rely upon professionals to assess and then put a plan in place to minimize the concerns an aggressive prosecutor may have. However, there are also enormous legal issues with any DUI that need to be reviewed and considered. Because he was arrested and charged with DUI and two counts of Child Endangerment, he is facing a minimum of 15 days in jail, 240 hours of C/S, DUI School, Alcohol Evaluation and treatment, and a 1000.00 fine. Keep in mind those are the minimums. He would also face a renovation of his license and deemed a habitual violator if he is convicted of all three counts. However, a qualified and well-trained DUI defense attorney is not only going to put a plan in place to mitigate the facts, but also to work to try and minimize the consequences. The best thing you can do at this point is find a few attorneys like myself that handle exclusively DUI's and reach out to them to discuss the specifics of your son's case. There is always hope and moving quickly to reduce the consequences can make a big difference in the long run. Please feel free to contact my office if you need any guidance regarding professional evaluators and other mitigation that could be done in the interim. Best of luck to you and your family.

    See question 
  • If a DUI was reduced to reckless driving do I take a non-DUI clinical evaluation?

    An office offers two clinical evaluations, non-DUI and DUI.

    Justin’s Answer

    There is no such thing. It is likely you will be required to complete an alcohol and drug evaluation and follow any recommended treatment.

    See question 
  • I Failed a Drug Screen During my Pre Trial Diversion in Milton muni court. I had completed all of my community svc & fines.

    I am an 18 yr old female and am really trying to get my life together. I am working on my GED and applying for jobs - but don't know if I can accept one with this issue still out there. What will happen now? Will I go to jail??

    Justin’s Answer

    I agree with the answer above. If it were me, and I were you, I would go and get independent tests on a weekly basis to show that you are no longer using and abstaining. That may help you to continue in the program and potentially not get revoked.

    See question 
  • I missed the 10 day deadline for a DMV hearing by 1 day. Is it possible to still get a hearing?

    I had a limited driving permit because of a DUI. I then got a seat belt ticket which i paid after my attorney did not follow through repeatedly on appointments. I got a notice that my permit is revoked for 6 months. The notice was issued November ...

    Justin’s Answer

    At this point, your only chance will be to file a motion to withdraw the plea. Any guilty plea to a moving violation that occurred while on your limited permit will result in a six-month revocation of that permit.

    See question 
  • Pulled over for DUI

    there are a few things with my arrest I'm curious are usable towards reducing charge. I was pulled over for my "tag" lights being out. But the were not out. The cop said he pulled me over for tag lights being out and asked had I been drinking. I s...

    Justin’s Answer

    While the chemical evidence is unfavorable, you have a number of good legal issues to challenge. Issues like articulable suspicion for the stop, the point at which custody attaches, and substantial compliance with the HGN to name a few. Hire the best DUI attorney you can afford to fight these charges, Good luck,

    See question 
  • Do I need a defense attorney?

    Another driver and I got into an altercation. she was driving in front of me and kept slamming on her breaks trying to get me to rear end her. I made a couple attempts to get into the other lane to avoid her. I was having a hard time in my life an...

    Justin’s Answer

    Absolutely. You have a few issues here. It would not be wise to speak with the Detective or any Law Enforcement Officer without proper counsel. Additionally, at this point, a lawyer may be able to get you a pre-set bond you can book in and quickly be released. You then will need to have counsel present to handle the underlying criminal matter. You have gotten to this point on your own, but certainly should take a step back and retain an attorney to help mitigate and manage this situation. Most of us will be happy to chat with you over the phone to determine the best course of action.

    See question 
  • Public intoxication in GA DeKalb

    I got a citation for public intoxication 16-58 (local ordinance) yesterday. I was out with friends and we had a fight over something and one other friend called 911. We both were bruised up after the fight. I have only had 2 drinks (I told officer...

    Justin’s Answer

    You have been cited for a local ordinance. Your case will be handled in Dekalb Recorders Court. Any criminal conviction can have a negative impact on your status in this Country. But that would be a better question for an immigration attorney. The goal should be to hire an experienced criminal defense attorney to review the evidence and work with you to ensure that this does not end up on your criminal history. Remember that an arrest is not a conviction and your next step should be to consult with an attorney to review legal options and work towards keeping this off your record.

    See question 
  • Do I need a criminal attorney relating to counterfeit money at this stage?

    I received a $1000 loan from a relative over 2 months ago and took it to be deposited at my bank. Turns out 1 of the hundred dollar bills is counterfeit. They confiscate it and make me sign a document. 2.5 months later today, 2 secret servic...

    Justin’s Answer

    Yes-lawyer up before you answer any further questions.

    See question 
  • Is possession of alcohol under the age of 21 a situation in which I will need an attorney or should I face the court myself?

    My father asked me to drink at home with him one night and we took some shots of whiskey and then he went to bed. I stayed up taking more shots even though he told me not to. My friend and I were planning on going to a club that night but I wasn't...

    Justin’s Answer

    When in doubt-lawyer up. You need someone that will protect your best interest.

    See question