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Michael M. Hawkins

Michael Hawkins’s Answers

53 total


  • DUI taking blood.

    Will I get a copy of this warrant when arrested or will I get it in discovery?

    Michael’s Answer

    Both. Perhaps more importantly, in discovery you should be provided with a copy of the affidavit the officer gave to the judge who issued the search warrant for blood. Your lawyer will review the sufficiency of the affidavit and the warrant itself to determine whether the admissibility of the blood is in issue. Also, search warrants for blood are presently being challenged in Georgia appellate courts because there is conflicting language in a statute that says when a person refuses a chemical test "no test shall be given."

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  • I pled glty to a DUI in GA and my Fl lic were surrendered in court. Today I was denied a "Hardship" license in GA. what can I do

    I have lived in Ga for a year, but I have a residence and business in Fl. that's why I kept my florida license. Now, I'm told that I can't get the Hardship lic in Ga. I'm under the dr's care at va several times per month, I have to get an interloc...

    Michael’s Answer

    If Georgia is requiring an ignition interlock device, then you must have a prior DUI conviction in the last 5 years. The Georgia Dept. of Driver Services does issue a "hardship" license. They do, however, issue a limited driving permit for work and some medical purposes after a period of hard suspension, depending on the number of DUI convictions a driver has in the last 5 years. Unfortunately, there is no license authorized under Georgia law for at least 120 days during the period of hard suspension. So the answer to your question, I am sorry to report, is there are no other options aside from waiting the 120 days. Bear in mind that every driver needs to be enrolled in a DUI court or equivalent approved treatment program before DDS will allow the limited permit after the period of hard suspension.

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  • Can a driving while license suspended be removed from your criminal background in Georgia?

    Got a driving while license suspended in 2001

    Michael’s Answer

    • Selected as best answer

    If I understand your question, you are asking if a conviction can be expunged from your record. If you pled guilty or were found guilty, I am afraid that expungement is unlikely. The rules and law regarding expungement have recently undergone a significant overhaul by the Georgia General Assembly, but my understanding is that a disposition that includes a conviction remains in eligible for expungement. You may consider hiring a lawyer at handles post-conviction remedies to give you a definitive answer, but don't just hire any lawyer. Find a lawyer who has successfully handled expungement.

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  • Will a pending DUI charge affect international travel?

    Over a year ago I refused a breathalyzer test after going through a roadblock. I was arrested for DUI. There has been no court date set yet and my lawyer is optimistic the whole thing will be dropped. I recently got a new job requiring me to trave...

    Michael’s Answer

    Yes it will, depending on where you are going. I have had clients travel to Canada and Ireland, for example where it absolutely is an issue. I have had clients travel to other countries where it has not been an issue. Lawyers are like doctors these days - they have become very specialized. Your DUI defense attorney should have resources, including references for immigration lawyers, that can help answer your question specifically.

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  • What happens if no incident report is filed on a DUI?

    I was arrested for a DUI and began trying to obtain my incident report for the case 5 days after. I was told that it was not ready yet and to call the special operations department tomorrow. Since then I have called every day and have been told th...

    Michael’s Answer

    Remember that you are dealing with the government. It is very unusual for no incident report to be filed in a DUI case. It is more likely that there is some delay in the report being approved by a supervisor, or a delay in the records room receiving it. Keep trying. If no report is filed, a lawyer could use that fact against the police officer in court in a variety of ways. There is no legal remedy, such as a dismissal, however, that follows from the failure to file a report.

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  • I was issued a limited permit for driving in Ga. Am I able to drive my work vehicle during my usual work hours?

    My attorney told me the limited permit applied to driving my work vehicle during my regular work hours. I pled guilty with this knowledge but now I'm getting conflicting info. I don't want to lose my job if I was given wrong information.

    Michael’s Answer

    Your attorney is incorrect. There are no time or place restrictions on a Georgia limited permit. The only limitation is that you must be able to justify that you are driving to or from or for work.

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  • How do I request an administrative hearing in Georgia?

    I was pulled over for a DUI and refused to submit to the breathalyzer. I was told by a friend of mine that I would have to request an administrative hearing within the next 10 days in order to keep my driving rights. I haven't been able to find ...

    Michael’s Answer

    Call my office tomorrow and we will send you a letter you can use to send on your own. Otherwise you are welcome to schedule an appointment to meet with an attorney and we can draft the letter for you at no cost. I am board certified in DUI defense and practice regularly in Alpharetta if that is where your case is. Mike Hawkins, Hawkins Law Firm. 770-685-6400.

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  • My daughter was arrested for DUI pending . had blood test . how do we find out results of this test

    She did the Breathalyzer and was not over the limit but they wanted to do a blood test to see if there was marijuana in her system

    Michael’s Answer

    The fastest path to obtaining blood results in a DUI case in Georgia is not through the discovery process. Hire a DUI defense attorney (not a general criminal defense attorney - you need a specialist) who has experience with obtaining blood results directly from the crime lab.

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  • If you are charged with a DUI and it is reduced to Reckless Driving, does that still count as a first DUI in 10 yrs?

    If in the future I got a DUI again, is that going to count as a second or a first? Which I hope will never happen.

    Michael’s Answer

    No. But bear in mind that if you are charged with DUI again, your lawyer's ability to negotiate with the prosecutor will be very limited because of the prior reduction. Most judges will increase sentencing. It will not, however be considered a first DUI for purposes of license suspension and minimum mandatory penalties.

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  • Atlanta, ga dui court?

    I've heard of places having dui courts for multiple offenders to help solve their true issue with alcohol. Does the city of atlanta or Fulton county have such a court? If so, what are the benefits and how does a person convicted of dui qualify?

    Michael’s Answer

    The Atlanta Municipal Court does not have a DUI Court. Fulton County State Court does. It is run by Judge Susan Forsling. It requires a new lending DUI case, and that the applicant have at least one prior conviction. The benefit is largely that the state's recommendation on sentencing is reduced substantially - repeat offenses often carry several months in jail. DUI court is focused on rehabilitation, random testing, group therapy classes, and intensive supervision by the court. If a DUI court candidate fails to comply with the terms of the program, he or she will likely go to jail. Also, enrollment in a DUI court allows for earlier reinstatement of a drivers license.

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