OCGA 40-6-390, Reckless Driving, is a general misdemeanor in Georgia that carries no mandatory minimum jail time. It is punishable by up to 12 months maximum in jail, but there is no mandatory minimum. A judge would have the authority to impose jail time, depending on the severity of the Reckless Driving, the driving history, etc., but it is not required.See question
my nephew was stoped and charged with dui the dianostic on the test shows that he passesd.
The diagnostic actually shows that the machine passed its own diagnostic test. to determine what your nephew's reported alcohol level, look next to where it says "subject sample" - that will give you the result of what he blew.See question
I was convicted of a DUI in March earlier this year. I will be moving to GA within two months. Will I be able to obtain any type if drivers license in GA?
Unfortunately, Georgia will not issue any type of permit. There is no way to obtain any type of Georgia license without obtaining a clearance letter from Virginia. Visit dds.ga.gov online and you will see what is required to obtain a Georgia license when you have an out-of-state license.See question
I been arrest for Public intoxicated ! What should a do next ? I walked out of bar, i seat at curb to tight my shoes, the cop come out the blue and arrest me for public intoxicated. I did not disturb anyone or was Acting Drunk. He arrest me and...
Based upon your description, if that is all that took place, the cop was wrong to arrest you. Public Drunkeness under Georgia law requires more than intoxication - it requires a public disturbance such as fighting, profanity, or appearing in a state of undress. Beware, however, that you may be cited under a local city ordinance, which may not require a public disturbance. Your best bet is to hire an attorney who practices in the jurisdiction where your case is pending, and who practices in this are of law. It is not helpful for lawyers from other states or other areas of practice to answer your question if they are not licensed to practice here.See question
I was a resident of NC when charged with DWI (class 5, first offense). I will plead guilty. I have moved to Georgia since the arrest and need to apply for a license. I have already served the mandatory 30 day revocation, per NC law. I have don...
Your best strategy is to ask (or your lawyer should ask) the clerk of court to send in the conviction to the Georgia Dept. of Driver Services (GA DDS) under your Georgia license number, rather than your North Carolina license. If you have completed all of the conditions to reinstatement in NC, get a clearance letter from NC and take it to the GA DDS and get the GA license. When you go to court, you will have to turn in your GA license and apply for a GA limited driving permit, complete the GA Risk Reduction program, and pay the reinstatement fee for Georgia. After 120 days on the limited permit, you can apply for, and get your full GA permit back.See question
very little contact and no concise next step direction
Every client deserves to have his/her questions answered by their lawyer in a timely manner. If phone calls and emails are not being returned, schedule an appointment for a file review with your attorney. That should immediately prompt a phone call or email from your attorney to answer your questions. If your attorney is unwilling to meet with you to do a file review, that is a red flag that you have hired an attorney that has too big a caseload to give your case the individual attention it needs, or even worse, an attorney who does not care. Inform your attorney in writing (email is sufficient) of your intention to meet with other lawyers to discuss your case, and to seek the return of any unearned legal fees. The State Bar of Georgia has a fee resolution service designed to protect both clients and lawyers where there is a fee dispute. Your best approach is to salvage the existing relationship[ with your lawyer, but if that does not work, you can pursue another attorney. Make sure you document all attempts at contact, and check with the court where your case is pending to see when your next court date is scheduled. You don't want to get in a situation where you are worse off by firing your lawyer if the case is set for trial in a short amount of time, and your new lawyer will not have sufficient time to prepare to defend you.See question
i rolled up on a georgia state patrol road block. all of their lights were off. the cop immediately ask me how much i had been drinking. i said none and then told him 5 mixed drinks. i never said i drinked alcoholic mixed drinks. i denied taking a...
Your question is a little confusing based upon your chronology of events, but the short answer is implied consent must be read at the time of arrest for DUI whenever the police are seeking a blood breath or urine test. The failure to read implied consent renders the test result or refusal to submit inadmissible at trial, anday defeat any action to suspend you drivers license.See question
Suspended due to a seat belt ticket i forgot to pay.
Driving on a suspended license first offense carries a mandatory 2 days in jail. The judge can, however suspend the jail time. Many judges do. It is best to hire a local lawyer where your case is pending who will know what the court has historically done. More importantly, the State must prove that you were served with notice of the license suspension. One of the more difficult tasks for a prosecutor is proving that a person had notice of the suspension where it arises from a failure to appear. The first question a lawyer should ask you is whether you received notice, and if so, how did you receive it. Good luckSee question
Pulled over morning after New Years Eve for speeding. Gave sobriety test, drew blood. Court date 2 mos later. Still no blood work back. Court in another month. Will test be accurate?
If collected, transported, stored, and tested properly, the accuracy of a blood test should not change over time. In reality, the State does a poor job or assuring accuracy because their procedures are not always followed by law enforcement and the crime lab. Fermentation can occur, causing the blood sample to become falsely high. A trained DUI defense lawyer will be able to file the proper motions for discovery to obtain documentation of the blood test results and its history. Once in possession of those documents, a review of their accuracy can be performed. There are a whole host of others issues that can cause a blood test result to be inaccurate, but the answer to your question is yes, particularly if it can be demonstrated that the proper procedures were not strictly adhered to when the sample was drawn, transported, stored, and tested.See question
About to bail out. Can I beat this fare and square? Snow means no dui?
If your question is, does snow provide a legal defense to DUI?, the answer is no. The "snow means no dui?" question leads me to believe that you may have misinterpreted what you heard. Snow may be part of a factual defense (not a legal defense) that explains whatever actual less safe driving took place was the result of weather and road conditions rather than alcohol intoxication. A legal defense means a judge could throw it out. A factual defense means a jury decides.See question