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Questions Answered by Michael D. Barber Jr.
2 Answers | Asked in DUI / DWI for Georgia on
Q: If this is my first offense what should I expect in court ?

Will I get probation ?

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Oct 21, 2019

In order to remotely answer your question we would need way more information. Are you getting help from an attorney? What are the facts of your case? Impossible and would only be able to speculate without at least some information about your situation.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Can they arrest you for dui with no evidence

All they did was make her walk a straight line

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

Without knowing more it is difficult to answer this question. The officer should take into account any driving manifestations as well as personal manifestations. Although typically it is required to do all the Standardized Field Sobriety Tests, sometimes the officer can arrest with less BUT you... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: If someone was to get pulled over an arrest for dui but the officer did not have his hat on would it be leagal to arrest

Was wondering if it was leagel to be arrest when he had no hat on

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

The officer does not have to wear his cover (or hat) to make an arrest for DUI.

2 Answers | Asked in DUI / DWI for Georgia on
Q: My fiancé was taken to jail for a dui there was no breathylyser no walking a straight line nothing found in the car

No test or anything done at the jail can they do that

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

Generally to have a case that the prosecution can uphold it is best for the officer to do more than nothing. Its important to get the discovery in this case and review it for additional issues that will assist in defending this case. The short answer, however, is yes, if the officer has enough to... Read more »

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2 Answers | Asked in DUI / DWI for Georgia on
Q: Can a police officer in another county legally take you to jail for a dui especially when no test for a dui were done
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

Many factors go into answering your question. If the officer thinks that you are driving under the influence and you refuse the tests, then they will normally arrest you based on that suspicion and your refusal. It is unclear what the "another county" means in your post, however.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Is the defendant allowed access to test results prior to court date involving a DUI charge in the state of Tennesse?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 20, 2019

You will need to post this question in a Tennessee "ask a lawyer" section instead of Georgia. If it was Georgia, the only way to get test results that the officer does not give to you is through the discovery process.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: I got pulled over resulting in an arrest but the sherriff was in wrong county

He never even turned lights on until after he entered another county

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 19, 2019

Please see my answer to your duplicate question.

1 Answer | Asked in Criminal Law for Georgia on
Q: Q: I got pulled over resulting in an arrest but the sherriff was in wrong county

He pulled me over in another county passed the county line. He did not have his lights on until after he entered the other county. He said that he saw me swerving and it was a dui check. No other officers where involved except one that was in car with him

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 19, 2019

Did the sheriff start the chase in his county? Did another county officer show up? What did the sheriff stop you for (speeding?).

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you sell a joint vehicle in Georgia without both parties consent?

I inherited my mother's interest in a vehicle she owned with her sister (my aunt). I was told she had sold the vehicle and a recent check on car fax indicates that the title was transferred without my signature or consent on the title. Is this theft? I have read that she cannot sell without my... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 18, 2019

Was there something out of probate court giving her authority to sign for your mother? Did she have a power of attorney signed by your mother giving her authority to sign for your mother? Did she forge the signature?

1 Answer | Asked in Criminal Law for Georgia on
Q: What does insufficient indictment ocga mean
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 18, 2019

There are a variety of reasons that a insufficient indictment can be issued. One reason is that the evidence did not support the charges that the District Attorney presented for the indictment purposes. It also means that the case was not indicted and the DA cannot move forward (Unless they try... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone fel prob ends soon then mis. (Consecutive) after..would a prob. Warrant issued on felony carry into mis

Same arrest. Poss of meth (f) poss of weed under oz (m) 3yrs prob for fel 1yr for mis ran consecutive. Seen p.o was asked to take drug screen at courthouse within 24hrs of visit and didnt. Contacted p.o and confessed that would fail, but was still was supposed to screen. Only reason didnt was... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 17, 2019

First of all, the first test is generally to get a base line not to send you to jail. Generally had you been up front there would not have been an issue. Your text is a little confusing but here is what I gather. If you run the entire probation gets fouled and you will be held accountable for it... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I have finished the probation time i was sentenced for. My restituion is not paid off. Do i still report to probation?

Sentenced to 7 years due 1. Criminal damage to property 2nd degree and 2 counts simple battery and ordered to pay restitution. I did the 1 year and have been on probation for the 6 remaining years. I have not finished paying the restitution. Does my probation end now, or when my restitution is paid... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 17, 2019

Your issues are not typical as the courts usually don't let you reach the end without resolving restitution. The court cannot extend the sentence past the original date, they don't have the power to resentence without a hearing. AND the sentence cannot be longer than is allowed by law.

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: For a 13 year old being charged with a simple battery what can be my punishment?

There was an incident where myself and a teacher got into a altercation with the door, I (speaking as the child) was pushing the door as she was pushing the door onto me and she stepped out of the way of the door and i let it be and walked away.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 17, 2019

Your question depends on how you were charged. Will you be in juvenile court or are they treating you as an adult? Additionally, you could face issues in both criminal court and civil issues with the school as well. The school may choose to expel you or they may give you in house suspension, out... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: My boyfriend was arrested in ga and is awaiting extradition for tn for a fta for a drug charge from two years ago

To which he posted bail for and the person he was arrested with said all of the drugs were theirs. What is the process of this and how long will it possibly take?

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 16, 2019

I cant really answer your question about Tennessee laws, if it was in Georgia he would still have to go to court and answer for the charges on the Drugs. As far as the hold for extradition, usually law enforcement in Georgia will usually hold for a minimum of 45 days waiting for another law... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Is there a violation of Ga chapter 35-8 for having an affair- adultery?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

In addition to being grounds for divorce under 19-5-3 you should review O.C.G.A 16-6-19 which states the following: A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If i was arrested under an illegal roadblock can I sue for false inprisonment
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

Generally the state is immune from prosecution from such actions. The burden to prove that the state (the arresting agency and officers running the roadblock) are not immune is placed upon the individual making the claims. In order to properly evaluate the chances would need to know why the... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on
Q: State of GA has GA CODE 40-2-136 warning and I cannot be issued a temp of license plate how do I resolve this issue?

I did not have any vehicle's registered to me at the time of the conviction.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

Generally this code section involves a number of charges for DUI resulting in a suspension of your license plates. Without knowing more about your previous charges it would be difficult to answer. The bottom line however is that you may be able to get a probationary driving license and then get a... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on
Q: I got pulled over and arrested for speeding and possesion of less than an ounce of marijuana. Will I lose my CDL?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

What speed were you traveling and what was the speed limit? Those have a lot to do with the answer to your question in relationship to points that you can get awarded which would affect your CDL. Technically the Marijana shouldn't affect your CDL but you will still want to try and keep it off your... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: How would I go about getting someone out of jail on a probationary hold
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

If someone is in jail on a probationary hold you will have to find out what the hold is for AND then take care of that matter.

2 Answers | Asked in Criminal Law for Georgia on
Q: my daughter was charged with 5 counts of selling meth, manufacturing meth and pot. one of the charges was trafficking

in february 2019 she was charged with conspiracy with intent to sell meth. shes been in jail ever since then. she wouldnt help the GBI . THERE WAS 30 PEOPLE arrested at that time. everyone has been released except wendy my daughter

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

Either I don't really see your question or I don't understand it. What is your question? Why is she still in jail? Has she requested a second bond hearing? Where were the drugs found? On her?

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