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...
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.See question
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.
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.See question
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 ...
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.See question
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