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Questions Answered by Morris Margulis
1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui which was my third. It was 2 years and 1 month ago. I have not heard from the courts or got a letter.

I live in Georgia. Single vehicle. No witnesses.

Morris  Margulis
Morris Margulis
answered on Jun 21, 2022

Sometimes cases do get lost in the shuffle, but it's never something to rely upon.

The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.

Otherwise, see if you can find...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in DUI / DWI for Georgia on
Q: My husband was charged with this, but was notdriving a bus. He was driving a pickup truck. Will the dui likely stand, ec

The code on his citation is 40-6-391.3 DUI - Driving school bus under influence

Morris  Margulis
Morris Margulis
answered on Jun 19, 2022

That code section specifies an increased penalty for DUI while driving a school bus.

Your husband may still nevertheless be culpable for DUI with the more typical penalties.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I be forced to testify against my husband on a burglary case predating our marriage?

These charges go back to 2014 and he’s now going to court next week. He did 7 years prison time since then for another county, and the county who initially charged him put a failure to appear on him while he was in prison. He put in production orders and they never came and got him for court.... Read more »

Morris  Margulis
Morris Margulis
answered on Jun 7, 2022

Georgia's marital privilege is laid out in OCGA § 24-5-503.

It doesn't sound like you can be compelled to testify against him, based on what you've said above.

2 Answers | Asked in Criminal Law for Georgia on
Q: Is it illegal for a woman officer to search a man the side of the road . There where only two women no man on the scene
Morris  Margulis
Morris Margulis
answered on Jun 7, 2022

No, it is common for officers to perform pat-down searches on their oppositely gendered suspects.

Of course, there may still be other legal issues with the search, including why it happened and how it was performed.

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I have violated code 40-8-90 without knowing it was a law is there anyway i can dispute this ticket.

The office that made the stop told me he was not going to give me a warning because of other people he said in his own words "most people that he tells to changed there lights do not so instead of giving warnings he gives them a ticket on the first stop".

Morris  Margulis
Morris Margulis
answered on May 31, 2022

There are several ways to fight this type of ticket, depending on which court you end up in.

But regardless of which court it is, ignorance of the law is not a valid defense.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can i fight a failure to move over for emergancy vehicle ciation, i slowed down and left lane was blocked?

I had a car directly to my left, so i couldnt merge over. However, i still slowed my car the moment i saw the cop car. Which was to 60-59mph. (speed limit 65) Is the ticket still valid? (ATL, Georgia)

Morris  Margulis
Morris Margulis
answered on May 31, 2022

Based on your narrative, the ticket is defensible.

OCGA 40-6-16(b) states:

"The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency...
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1 Answer | Asked in Criminal Law for Georgia on
Q: okay thank yall for last question being answered, now for next question what is meaning behind, " Maximum sentence 3 yrs

recommendation is 3 years probation??

Morris  Margulis
Morris Margulis
answered on May 21, 2022

Maximum allowable sentence is 3 years in custody (jail or prison), with the prosecutor asking the judge to allow the time to be served out of custody, on probation.

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens if there’s no evidence at a revocation hearing for possessing a firearm while on felony probation?

Can the courts give you time without evidence?! The firearm was captured by officers from a backpack worn on the suspect.

Morris  Margulis
Morris Margulis
answered on May 21, 2022

Probation revocation hearings require evidence sufficient to meet the "preponderance" (basically, "more likely than not") standard that a term of the probation sentence was violated.

Watch out for a "constructive possession" theory. If you're looking to...
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2 Answers | Asked in Criminal Law for Georgia on
Q: I have been charged with Theft by shoplifting in bremen, ga. However when arrested i had not left the store yet
Morris  Margulis
Morris Margulis
answered on May 18, 2022

OCGA 16-8-14:

A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Does probation stop when violated
Morris  Margulis
Morris Margulis
answered on May 8, 2022

If you aren't in custody (jail) on the violation, the court needs a "tolling order" in place to stop your probation clock from running.

If you are in jail waiting for a revocation hearing, you should get credit for that time while you wait.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I received 2 photo citations by mail however the speed posted is incorrect on my ticket . The speed limit is 35mph

Not 30 mph. I videotaped my entire drive to my sons school and back and at no time is the the speed limit posted as 30mph, only 45mph and 35 mph. What can I do?

Morris  Margulis
Morris Margulis
answered on May 7, 2022

Show the photos to the prosecutor at your arraignment. If that does not work, ask for a continuance and bring a lawyer to your next court date.

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother is in jail on trafficking meth but he didn't caught with nothing on him or his car

But his passenger made a deal in another car and they was setup there saying my brother knew about it but they never found anything on him or in his car or his phone so can he be convicted

Morris  Margulis
Morris Margulis
answered on May 7, 2022

Yes, he can be convicted if the evidence shows that he knew he was helping his friend with the drug deal. Maybe his friend throws him under the bus. Maybe there is something in his background that the prosecutor uses. Maybe he said something to the police that can be twisted into an admission.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a victim use texts from outside party as evidence if the party wasn’t a witness or didn’t testify?

If alleged victim is using evidence from an outside party but that person wasn’t listed as a witness or called to testify, can that “evidence” be used?

Morris  Margulis
Morris Margulis
answered on May 5, 2022

Your scenario raises issues with the Hearsay rule of evidence as well as the Confrontation Clause protections against absent witnesses.

Whether the evidence is ultimately admissible is very fact-specific, but you are probably on to something there.

2 Answers | Asked in DUI / DWI for Georgia on
Q: 1st DUI in Gwinett County blew .12 what will my sentence be.i
Morris  Margulis
Morris Margulis
answered on May 3, 2022

You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.

The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Morris  Margulis
Morris Margulis
answered on Apr 20, 2022

I concur with Counselor Schiffer. Extreme caution is advised. Do not respond to her messages.

Get a lawyer to prepare a cease & desist letter to send to her. Do NOT do it yourself.

After that, if she continues to try to bait you into violating the TPO, you can file against...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Do your charge get sealed after you get off a felony probation from first offender?
Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Your probation officer should notify the court once you are finished, and the clerk should process the first offender restrictions.

That being said, "should" does not mean "will". You may want to follow up with the clerk's office about a month after you've completed everything, just to be sure.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Will bench warrant show up on online case file in atlanta for failure to appear?

My license has not been suspended

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.

The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Why 40-6-48 and 40-6-50 are ticketed together for one case?

I was caught by an officer while I was driving down a hill between the highway ramps. The highway and the ramp where I was driving were trapped by terrible traffic jams. I saw a smooth running roadway down a hill and there were several cars driving down the hill in front of me. I have followed... Read more »

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

If both charges are consolidated into a single case, you can use a nolo plea to resolve the entire case.

You may not want or need to plead nolo, though, depending on your exact circumstances. You should consult with a traffic attorney for your best course of action.

2 Answers | Asked in Traffic Tickets for Georgia on
Q: I violated my probation and wanted to know what the consequences would be?

I got a super speeder in georgia back in august. It was $1300 ticket. I didnt have the money to pay for it so I went to court to get on a payment plan. This payment plan included probation until I payed off the ticket. I was supposed to call in every other wednesday. I missed 3 probation calls, as... Read more »

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Missing payments is actually not that big of a deal, so long as you can demonstrate your financial hardship to the court.

Missing your reports, on the other hand, shows the court that you aren't taking the court seriously.

You might be able to avoid the court date altogether by...
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