Their client was charged with hit and run, DUI, following to closely. He was arrested. He was at fault 100%. My daughter who was driving my car and a witness drove behind the hit and run driver to try to get him to stop the company vehicle he was driving. He then made a complete sudden stop, which... View More
Normally, When some is hit from behind it is the person that follows behind fault. The statute is referred to as following too closely. HOWEVER, if you have witnesses who can show that the person in front improperly stopped in the roadway (another statute) and thereby caused the accident then you...View More
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...View More
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.
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... View More
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
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.
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... View More
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.
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... View More
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...View More
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... View More
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...View More
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...View More
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.
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.
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...View More
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...View More
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.
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.
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