I received my arraignment subpoena for State Court Hearing (GA). I am still in the process of raising money to hire legal representation to help with my DUI - Refusal Case. I need representation because I feel I have a case that can really show th...
Frequently folks appear at Arraignment without counsel. The judge will admonish you to appear next with counsel. You might be asked whether you want to request jury trial or want to waive/give up jury trial to allow the judge to decide guilt or innocence without a jury. That question would be a perfect time to request another ARRAIGNMENT date, rather than a trial date, because you need legal advice to decide whether your case would be better tried to a jury or just a judge. Some cases should have a jury, some not.
Danger of appearing for and being ARRAIGNED without an attorney is you could be held to the rule that requires PreTrial Motions to be filed within 10 days of ARRAIGNMENT. Maybe the later hired lawyer would be granted permission to file motions after 10 days, but maybe not.
the judge sentenced her to 12 months probation community service fine and 90 days to serve. She was told she only had to serve 45 days 2 for 1. She also was allowed 48 hours to get her affairs in order. Its now been 7 days and she still has not tu...
I see it differently. If the inquirer has stated it correctly, to be a 90 day sentence to serve, with none suspended, and given 48 hours to report to the jail:
Failing to report is a contempt, punishable by up to 20 days jail. The Defendant will be hunted by the fugitive task force, which may include U.S. Marshals. Or upon contact by a police officer --such as a stop for Speeding--a wants and warrants check will alert the officer to take her to jail.
Often, when they have to hunt you down, they find you asleep in your pj's or on the job.
The 2 for 1 jail credit is awarded by the Sheriff...not the judge.
I do not see it as a Probation violation by failing to report to jail---but it will be when she fails to report to Probation Officer when told to do so---usually that is within 24 hours of release from jail, not yet released if never reported.See question
A new record restriction law was passed in 2013 and I believe I'm eligible for it. I filed a petition for it but represented myself and failed horribly. I feel like the prosecutor took advantage of my ignorance of the law.
OCGA 35-3-37(a)(9) defines Youthful Offender" as " any offender who was less than 21
years of age at the time of his or her conviction."
However, certain offenses are EXCLUDED from eligibility for Record Restriction, including DUI conviction, because it is barred by OCGA 35-3-37(j)(4):
(B) Record restriction shall not be appropriate if the individual
was convicted of (several offenses), including:
"... (xii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40"
, which includes such things as DUI, Reckless Driving, Veh Homicide etc..
If you had another type offense, you might seek a real consultation with a knowledgeable attorney to see if you qualify under the law...and if so, you may file an appeal in Superior Court.See question
last year I already got an dui with open container...
To be convicted of Open Container, OCGA 40-6-253, you must possess a container containing any measurable amount of alcohol in the passenger area of the vehicle, which is in the Roadway or on the shoulder of a public highway.
Technically, the officer must prove the alcohol concentration of the liquid in the container was above the minimum required (1% or more for beer and wine, or ANY distilled spirits (liquor).
IF convicted, the maximum fine is $200 -- regardless of how many prior such charges you have.
Only a DRIVER is assessed the 2 points provided for a driver license for Open Container -- passenger does not get points....but be careful the cop did not list the make/model/license plate of the veh you were in or it might be reported to Driver Services by mistake..
I suggested the correct category is as a Traffic Ticket...you were not DUI nor charged with DUI.
Doug Andrews, Savannah, Ga
In 2006 i was convicted for a dui.I did everything i was suppose to do.I haven't been convicted for anything else.I haven't had a drink since the dui.I'm two weeks from becoming a foster mother and you can't have anything on your record.It's showi...
In what Court and where did you get convicted of the DUI? Sometimes it matters.
If this old DUI is the only mark against you to be a foster mom, then the current DHR commercials are a lie ("You don't have to be a perfect parent...).
If an old DUI is absolutely disqualifying, then many high powered folks would be barred, including Pres George W. Bush.
Consider getting an updated Clinical Evaluation to show you have NO alcohol problem now. If the old DUI was a one time lapse in judgment, see if the DUI school still has your Needs Assessment results which will confirm you had no alcohol problem back then either. If you were required to complete a Clinical Evaluation back then, seek it out also. Even if that Eval showed you needed some additional counseling, proof of completion could help show you were "rehabilitated" and you now are a safer risk than those who have yet to be discovered with a problem.
Of course, the DHR/DFCS folks are usually just as anti-alcohol as are the MADD folks.
I'm guessing you have already raised some kids...you know then kids can give you a reason to drink...and foster kids can give you many more reasons NOT to drink...they need you if you are truly a loving, nurturing parent.
Doug Andrews, Savannah, GA
if your pulled over for some random reason."cops are so guilty of this"..and they ask you to submit to a dui, even if you have broke no traffic laws..or they say you supposedly broke a traffic law.. If you refuse to submit to a dui screening from ...
Your upset is justifiable. Once an officer even thinks you have been drinking, the presumption of being a hazard on the roads arises in the mind of the officer. The officer cares more for the public safety than your right to be left alone until proven guilty. There is apparently a presumption of guilt on the roadside...only in court and only for the jury is the presumption of innocence mandated.
May I ask you a question: if a citizen is accused of a crime, including DUI, who needs a lawyer more...the guilty citizen or the falsely accused citizen?
I suggest, and sometimes insist as a condition of me accepting the CLIENT as a cause to be associated with for victory (insistence is usually reserved for the person who has had one or more prior DUI arrests--) perhaps selfishly, but I want to know, guilty or innocent, that the client is being evaluated to SEE if he or she has need for education or intervention. In GA now, before a Clinical Evaluation is allowed to be done by a licensed provider, the client must complete the 20 hour program called "DUI and Alcohol/Drug Use Risk Reduction Program."
As the name implies, the course is educational and interventionist to prevent or remediate a substance abuse problem. Short of a full acquittal by a jury, which can take upwards of 18 months to 2 years, any other outcome is likely to mandate RRP and Clinical Evaluation in the judge's sentence.
Most folks would rather do it on their own schedule, instead of under the thumb of the probation officer. Whether the case is resolved by Pre-trial motion or negotiated compromise to a lesser offense ( at half the cost and time of a jury trial ) the DA and Judge will want to ensure the def is provided such rehab as may be needed for public safety.
If needed, is it not better to seek and obtain it sooner than later? -- an ounce of prevention at the misdemeanor level is better than the pound of pain at a felony level in the event of a vehicle homicide.
Every human activity has risks, consequences and costs. Those who drink and then drive ( which is still not a crime unless the driver is impaired to be less safe by alcohol, or simply at or above the legal limit of BAC) despite the clamor for Designated Drivers, gambles every inch of the trip toward home. Gamblers should gamble only to the extent they can afford to lose what is at stake. For some, it is freedom, for others it is a job, for a few it is killing or maiming loved ones or strangers.
Drink and Drive ? Accept the risk, and few will understand or appreciate the whining about the injustice of the system. Our American system of justice is not perfect, it has humans in charge, but it is the best on earth.
I was arrested in Pooler Georgia along the Pooler Parkway last night for DUi. The initial reason for pulling me over was that I was in the left lane too long before I turned on my turn signal and turned onto the side road that goes to my house. ...
Yes, sounds like there are serious legal and factual issues that may help you and your case.See question
My license is suspended to do DUI in Georgia. I live in Georgia bought a car in my name and tried to register it in my girlfriends name so she could drive me to all the mandatory appts I have and DMV said I couldn't register it in her name. Who i...
A Registration reflects the Registered Owner. Your friend is not the owner, you are.
If you trust her.... And there is no money owed on the vehicle or a lien, you could transfer it to your friend.
Obviously, there is some great risk there...
I hit a roadblock with an open container in the vehicle (plenty of probable cause). I then passed 3 field sobriety tests but was tricked into blowing into the roadside intoxicater unit. I was then placed under arrest and later blew over the .08 l...
If there is "no magic" to DUI defense, I have then wasted huge amounts of money and time (see www.DougAndrews.com ) learning differently. With all respect due Mr. Sieg, as an Entertainment Lawyer, he should stick to Entertainment Law where there is also no magic I am sure. What a competent DUI lawyer does is make it look like magic when the BAC test disappears for a potential Perano issue or the Roadblock held unconstitutional for failure to comply with the Golden case......wonder if Mr. Sieg knows Perano or Golden....of course I know nothing about his field either...and would not offer ANY advice to someone looking for help in the Entertainment arena...EXCEPT to seek a competent attorney in THAT field, like Mr. Sieg, perhaps.
Doug Andrews, Savannah, GA
I am trying to get back in now but have an OWI charge. Can I still re-enlist with this charge?
I agree it is a Recruiter question...but no branch of service will even let you take an entrance exam if you have a charge pending or while on active probation.