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
I received a citation for "DUI Drugs Less Safe." I was allowed to keep my license and no Form 1205 was issued. The only drugs in the car were several prescription drugs in their pharmacy bottles. All were legitimately prescribed for me and none sh...
There is no administrative suspension action for DUI drugs - only DUI alcohol. Even if your blood and urine screens return with a positive for drugs - whether you have a prescription or not, whether they are legal drugs or not, there is no administrative suspension action under Georgia law. Interestingly, if you refuse the chemical tests, administrative suspension is provided for under Georgia law.See question
I have a probation revocation through DUI Court. I have only had a public defender, who I talked to for 2 minutes in the jail cell, so I feel very under-represented. I am on probation for reckless driving, driving on a suspended license, and failu...
Douglas Andrews and Steve Beauvais, particularly for a revocation involving a DUI Court.See question
Back in 2011 I was arrested for felony theft by taking. Here we are now in 2014 and I still haven't been tried for the crime. I think they are playing games knowing their evidence is weak. Every job I apply for shows the arrest on my background ch...
Unfortunately, the answer is no. There have been significant changes in the last few years regarding access to criminal records in Georgia, but one thing that has not changed is that a record cannot be restricted until there is some disposition, win or lose, in the trial court. Misdemeanors have a two year statute of limitations if the charge is not filed (not tried, just filed in the court) but most felony theft cases have a 4-year statute of limitation, so you are nowhere near obtaining a dismissal on those grounds. You may have a speedy trial issue that you should consult with an attorney about, particularly if you can show harm as a result of the delay.See question
Will I get a copy of this warrant when arrested or will I get it in discovery?
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."See question
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...
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.See question
Got a driving while license suspended in 2001
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.See question
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...
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.See question