first offense, blew .175, at that time could plead nolo, have public defender wanted me to plead guilty 1000.00 fine 40 hours community service 1 yr probation dui class drug evaluation all current law license never suspended been driving 4 and half years no violations...admitted having 3 cosmos, very emotionally upset, looking for phone while driving, looking for safe place to pull over guaurd rail running along side of road police report said almost hit guard rail 3 times actually was trying to pull over safely felt it was not safe and waited to pull over where i felt there was enough room, field soberity test stopped,
If this is your first lifetime DUI, then the 2008 change in the DUI statute should only have a minimal affect on you. The crux of this change in the law is related to the number of years the court will "look back" at your record in determining the statutory minimum sentencing against you. They used to only look back five years when it came to your DUI record, but now they look back ten years. If this is only your first lifetime DUI (which it appears to be from the offer made to you in court), this statute will not really make a difference to your outcome. Regarding your case, it sounds like there may be some issues to challenge. It is strange it has taken almost four years for your case to get to court, but I have seen worse. Without a video, minimal field sobriety tests and this long of a delay, a qualified DUI attorney may be able to help you successfully challenge this case. Please contact me if you could like a free initial consultation to determine how we can keep this DUI off of your record.
I agree with Attorney Spizman’s advice above. If you did have any prior DUI convictions at the time of your arrest that were over 5 years ago but not over 10 years ago, your attorney can point out the change in the law to the Judge as a mitigating factor to argue against the higher mandatory minimums. On the other hand, there are judges who will take your entire lifetime history into account in sentencing regardless of the look back period set forth in the code. However, if this were a first lifetime DUI, these concerns would not be an issue.
I would recommend that you contact a DUI defense attorney in this area. Most attorneys will offer you a free consultation and you can go over the specific facts of your case so that you can evaluate defenses and the cost of representation. If you have a copy of the incident report and any supplemental reports, bring them to the consultation as that would help both you and the attorney review your case. Please note that this answer is not intended to be legal advice.
I agree with the other attorneys that you need to speak to private counsel about trying to get the charges reduced. The offer you have right now is the standard dui plea. The Nolo you are referring to is that you used to be able to plea Nolo to preserve your driver's license from suspension. That law was actually changed back in 1996, so nolo would be no help in your case.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP [email protected] 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
You may have a number of defenses which have absolutely nothing to do with DUI laws, including the right to a speedy trial, statute of limitations issues, the unavailability of evidence, or unavailable witnesses. These are in addition to the "usual" defenses for DUI, of which many lawyers, including myself, are fully aware... In short, I recommend hiring an attorney. You may very well evade a DUI conviction.
As for your sentencing issues, the sentence must be in accordance with the laws as they existed at the time of your arrest. In other words, the judge can still sentence you to the same as under a current-day DUI; they just were not mandated back then....
Finally, the driver's license issue will be treated as of the date of arrest. But any suspension will run as of the date of conviction.
Hope that helps. Good luck.
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