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Questions Answered by Michael D. Barber Jr.
2 Answers | Asked in DUI / DWI for Georgia on
Q: Dui less safe drugs ticket, not pulled over,in parking lot of store

Got a ticket pending blood tests. I told them about my prescription meds, what do I do

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Aug 29, 2020

There is a lot of information you have left out in order for any attorney to give you direction. However, none of it should be posted because if the prosecution finds anything they can use against you they will. You need to start calling attorneys for free consultations to see if the hiring of a... Read more »

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2 Answers | Asked in DUI / DWI for Georgia on
Q: In a dui ...dring under the influence of drugs do they have to test you for the drug
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 11, 2020

In Georgia, They will usually test under the DRE (drug recognition expert) guidelines for field sobriety examinations. However, They don’t have to test for the specific drug itself as there is no requirement for that.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Do I need to take dui class twice for 2 different citations that were given with in a month of each other?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 18, 2020

This really depends on the negotiation with the prosecutor but technically yes you would need to take the classes twice.

2 Answers | Asked in DUI / DWI for Georgia on
Q: I received two dui’s one in April 2017 and the other in May of 2017. Do I have to take dui class twice.

I went to court in 2017 on charges. I ran and I years later I got picked up on a warrant. 30 days in jail. The DDS told me all I need was one DUI Certificate with both citation #’s on the certificate & same for clinical evaluation. She said that was all I need and to pay 400.00 for... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 18, 2020

Were you on probation when you ran or was the case still waiting for completion. Everything can have an effect. you will most likely need more than a dui certificate but we need more information.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Do i have to take defensive driving for reinstatement in Georgia if 5 years has passed since incident

I have 2 duis from over 5 years ago. My license were suspended and i was ordered to take 2 defensive driving courses before reinstatement. Is there a statue of limitations on that requirement? I have had no driving citations or duis since

Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 16, 2020

The statute of limitations does not apply to taking a defensive driving course. Unfortunately you will still have to complete those requirements as they are required by statute to be completed not just by order of the court.

3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Court ordered visitation of my daughter.

I tried to pick up my daughter for my court ordered visitation for Spring Break/Easter. Her mother refused to give her to me, citing the Corona virus. However, she allowed her other child to go with that child’s father. We asked City of Griffin police to step in and help us. They went and talked... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Apr 5, 2020

You need to file a motion for contempt with the court. Most courts are still enforcing provisions for custody through the covid 19 infection. You could also file other motions as well. Unfortunately because of the nature of these actions it isn't technically criminal.

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1 Answer | Asked in Car Accidents and DUI / DWI for Georgia on
Q: My second DUI charge an accident was involved..what could my bond be
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Feb 29, 2020

Your bond will be determined by other factors than just the charges. What court will you be going to for the bond? Was anyone hurt in the accident? How far apart are your two dui charges?

3 Answers | Asked in DUI / DWI for Georgia on
Q: Skipped Court DUI

Long story short, I received a DUI exactly 10 yrs/1 mo ago and I have never been to court for it. So obviously I know I have an FTA (Most Likely) When I log in to the cities website and go to pay fines off, I then enter my License # and my DOB, which brings up two citations, one for Failure to... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Feb 29, 2020

Unfortunately, It isn’t that simple. When you go to court they will not let you just pay the fine. You will first be arrested and detained until the judge will see you about the warrant and FTA. Then the judge doesn’t have to take your plea, the judge can reset your case for you to review... Read more »

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2 Answers | Asked in DUI / DWI for Georgia on
Q: What could my bond be on DUI and failure to yield charge
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Feb 29, 2020

This question depends on where you will go to court to answer for the charges.

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3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: My daughter of was charged with a dui, failure to maintain Lane and motor vehicle theft. Are these charges correct?

In the state of Georgia. My daughter was under the influence of drugs, she went to a friend's house to get help. No one was at home. She went up to one of his vehicles that was unlocked and sat in it for a while. She realized the keys were in the car so she started the car and went to drive... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Feb 5, 2020

Based on what you wrote out, the charges "appear" correct but may not be what she ends up with based on the scenario that you gave. If she entered into the vehicle and was using drugs and then drove the vehicle then the officer can charge her with DUI. O.C.G.A. 40-6-391 has a subsection... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: I have a shoplifting charge. Do I need an attorney to get into a pretrial diversion program? If I don't how do I get in.

I believe i qualify for first offender. I was arrested 20 years ago in college for a fight however.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jan 20, 2020

If you have a prior charge, then the chances of the state (prosecutor) allowing you to use anything like pretrial diversion have gone down significantly. The chances do go up, however, if you can employ an attorney. Keep in mind that some counties will only let you into the program if you have an... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: Is it possible to expedite a court case by hiring a lawyer to prosecute faster? The charge is aggravated battery.
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jan 19, 2020

Your question really depends with what you are charged. Some charges take an inordinate amount of time to litigate correctly. Many charges, however, can be accelerated by, or through, the use of an attorney.

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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?).

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