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
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.See question
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.
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.See question
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?
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.See question
I was arrested in 2009 for DUI. The charges were amended to reckless driving to which I pleaded guilty. I'm in law school and clerking for a judge this Summer. When they ran my background check through the GCIC it came back that I had been arreste...
My understanding is that once you are booked-in on any offense (fingerprintable or not), GCIC requires the disposition of the charges to be reported. To get it off of your record through GCIC, you would have to petition for expungement. Expungement is not available in Georgia where a plea to an amended offense is entered. There are some circumstances I have seen where a prosecutor agrees to expungement as part of a pre-trial diversion dismissal, but where you entered a plea to any offense from the same transaction or occurrence, I believe you are statutorily prohibited from expungement. Sorry to be the bearer of bad news. You can look at O.C.G.A. § 35-3-37(d) (1) to see the limitations on expungement in Georgia.See question
I was charged with a DUI in the state of GA right before I was about to move to NYC. How will that effect my driving record in NY? Will I be able to get a job? I'm Doomed!
The answer depends on what state you had a license from at the time you were stopped. If it is Georgia, they will not issue you a clearance letter to get a license in New York or elsewhere, until you resolve any and all license actions, and any failure to appear or criminal matters here.See question
The traffic violations were driving on a suspend license, driving with 1 headlight, and no proof of insurance in the vehicle. The marijuana charge was turned into a felony because neither I nor the arresting officer was aware of the .08 gram that ...
If it is less than 1 oz of marijuana, then it should not be a felony charge. All other charges you describe are also misdemeanors, so your case should go to Gwinnett County State Court. That court is extremely backed-up. Unfortunately, you cannot file a speedy trial demand until the prosecutor files the charge with the court, which is likely at least 6 months away. Am I interested in why you believe the charge has turned into a felony. Can you post additional information? Your question regrading getting the case thrown out can only be answered by meeting with a lawyer and outlining all of the facts and circumstances surrounding your arrest. Most lawyers in and around Gwinnett Courty will meet with a potential client at no cost to determine if they can help you. I suggest you use the AVVO site to identify lawyers in your area and contact them.See question
BAC of .06
Depends on where you are. In Georgia, and any state that has administrative license suspension for under 21 above a .02, the answer is yes. Assuming your case is in California, where you are, you need to get on AVVO and identify several DUI lawyers in your area that can draft a letter to protect your license. Most states have short deadlines (in GA you have 10 business days) to request a hearing on your license. I also recommend ncdd.com (the National College for DUI Defense) to find lawyers in your area who are trained in DUI Defense. Good luck, hope this helps.See question
the numbers for dwi is .08 how is marijuana measure for the amount of impairment
.08 refers to the amount of alcohol in a person's system. It is commonly referred to as the legal limit. Alcohol is not illegal, so it is not illegal to drink some alcohol and drive. What IS illegal is to drink an amount that impairs your driving ability, or puts you over the legal limit. Marijuana, on the other hand, is illegal in all but a few instances (medical marijuana). As a result, driving with ANY amount of marijuana is illegal. Most ethical crime lab "scientists" will admit that the amount of marijuana reflected in a blood test shows only recent or habitual use, not a level of impairment. The other way the police will attempt to measure the level of impairment from marijuana is through field sobriety tests performed by a drug recognition expert (DRE). These tests, however, are not valid scientifically and readily discredited by an experienced DUI defense lawyer.See question
i had a DUI in 2004 i entered diversion program, in 2007 i had the second one it was a misdemeanor i finished all the treatment and probation. i learned my lesson. it will be 5 years in November 2012 never had any convictions other than this 2. M...
My best is advice is to contact an immigration lawyer, or to post this question under the immigration category on AVVO. Here is why - lawyers like me who specialize in DUI defense often rely on the input from immigration lawyers in a situation like yours. My experience with your issue is this - 2 years ago I represented a man from Belarus who was applying for citizenship here. He had a previous DUI and had been charged again. His immigration lawyer advised me that one of the criterion for denying citizenship is where INS finds that the applicant is an "habitual drunkard". It sounds like an odd term, but the message was clear: a repeat DUI defense would likely be sufficient for INS to take the position that he was an habitual drunkard. We were successful in avoiding a DUI conviction in the case, and my understanding is that my former client has been granted citizenship and is married with a child living in the U.S. Hope this helps.See question