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Questions Answered by Ecleynne Mercy

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on

Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

1 Answer | Asked in Criminal Law for Georgia on

Q: is it a felony to give false information to police officer to avoid being served with a prior warrant?

Served four days in jail for criminal impersonation in 2009. Was living in Tennessee at the time and failed to appear

Ecleynne Mercy answered on Aug 23, 2019

A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.

Ga. Code Ann. § 16-10-25

1 Answer | Asked in Criminal Law for Georgia on

Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know

Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.

Ecleynne Mercy answered on Aug 23, 2019

He needs to fight the case.

Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. §...
Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on

Q: I left my car at the scene when I lost control & hit a tree. No injuries & damage won't be filed. Do I have to report

Vehicle left at scene to retrieve later. No claim to insurance . No injuries

Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on

Q: Left car at scene when lost control & hit tree. No injuries & damages to my auto only. Am I required to report?

Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on

Q: Are there any attorneys who specialize in life sentence case where the client has completed 35 years of service?

Would like a lawyer who can practice in Georgia but is not a Georgia attorney or a Harvard or Duke grad...

Ecleynne Mercy answered on Jul 15, 2019

https://www.gabar.org

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on

Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2 years... Read more »

Ecleynne Mercy answered on Jul 15, 2019

It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.

1 Answer | Asked in Criminal Law for Georgia on

Q: If a mother of a convicted felon harbors her child in the state of Georgia is she still able to be charged with aiding

Abetting?

Ecleynne Mercy answered on Jul 15, 2019

Is she in prison (or a felon) for the kidnapping of the child? I need so much more information to answer. Statute of Limitations issues can be presented. So please seek counsel from an attorney.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: I got pulled over for no insurance and suspended registration. The cop let me fix it all (buying insurance/paying fees)

I have paid all penalties and have insurance now but I have to go to court. This is my first offense, am I facing jail time for this? Do I need a lawyer? I never received the notification in the mail due to moving so I had no idea.

Ecleynne Mercy answered on Jul 15, 2019

First up! Officers can absolutely lie to you. If you got a ticket. You still have to answer to the court. You may want an attorney to make sure that none of your rights are violated and that you fully understand the process.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I got a citation for driver exercise due care in ga. Why is it illegal to turn radio stations while sitting at red light

I was paying attention to the road while driving, but cop stated that i wasnt paying attention to the road. I never held up traffic, nor swerved, nor created an accident. How is it I can get charged with simply turning the radio? The cop didnt even pull me over when he said that i wasnt paying... Read more »

Ecleynne Mercy answered on Jul 10, 2019

Confirm the reason for the citation first. GEt the police report. Then hire an attorney and fight it. But the law is clear that statute is not referring to the radio.

“Wireless telecommunications device” means a cellular telephone, a portable telephone, a text-messaging device, a...
Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: What if while changing lanes the other driver speeds up rashly and hits my side view mirror when I'm trying to get over

I had my indicators on to get onto the right lane and there was a distance of at least two cars, my car has cameras and sensors that tell me there was a space of two cars and the moment they saw my indicators they sped up and hit my side view mirror. After wards when we pulled over they got very... Read more »

Ecleynne Mercy answered on Jul 10, 2019

Hire an attorney and have a trial. You will need to subpoena people and have witnesses if you want to fight this.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I have green underglow lights on my motorcycle but they don't flash is this illegal in ga.

Ecleynne Mercy answered on Jul 10, 2019

Georgia law does not restrict additional aftermarket vehicle lighting which would include neon underglow. Therefore it’s our conclusion that in Georgia neon underglow is not illegal, as long as you follow these restrictions:

Red, blue, violet and green colors are expressly forbidden...
Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: In Georgia can my tail lights flicker when I press on the brakes.

The lights don't flash unless your pressing on the brakes.

Ecleynne Mercy answered on Jul 10, 2019

Every motor vehicle manufactured after January 1, 1954, is required to be equipped with two taillights, to be maintained in good repair, and must be wired so as to be lighted whenever the headlights are lighted, and at least one brake light, which must emit a red light upon application of the foot... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: Why did I get cited for § 40-6-126 even thought I followed rules?

I switched to central lane from right lane, as I had to turn into a strip mall. There was white arrow in central lane showing I could turn left and that is where I entered the central lane.

Ecleynne Mercy answered on Jul 10, 2019

You need to have a trial. I pray this helps.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on

Q: My cousin was involved in an accident approximately 6 years ago in someone's vehicle. Other party involved in

accident had insurance through Geico. Geico obtained a judgement and had license suspended. She was incarcerated (unrelated) for two years. Had no way to pay Geico. Fast forward several years pulled over and fined for driving on suspended license, no insurance.

Since then I... Read more »

Ecleynne Mercy answered on Jul 10, 2019

Get another attorney. The old attorney breached the contract so you should get some money back. Don't move without an attorney But especially considering her criminal history you never want to chance it. I pray this helps.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on

Q: My license were suspended due to FTA from a citation received in August 2017, but they weren't suspended until Feb 2017.

I was given a citation in August 2017, and missed my court date. I never received anything in the mail about court or even anything about my license being suspended a few months later. I've looked up the citation number online and it's nowhere to be found. My license was suspended February of 2018... Read more »

Ecleynne Mercy answered on Jul 10, 2019

TAKE CARE OF THE FTA.... IT NOT ONLY SUSPENDED YOUR LICENSE. YOU GOT A WHOLE WARRANT. You are going to have to pay the FTA or provide a good excuse to get potential fine excused. Take care of the FTA first or be in fear of warrants. I pray this helps.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I recieved a violation for my passenger side headlight being the fine is 137.00. Georgia code 40-8-22.

Is there any defense. Nothing else but violation. Whats the best defense f o r this.

Ecleynne Mercy answered on Jul 10, 2019

You can always have a trial. But its either you had headlights or not. You can ask for a lower fine or community service.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I was issued an open container. The can was empty on floor passenger side. Been to court twice and return on 24th

But I believe, the reason for the stop wasn’t warrant I made a left hand turn out of a private drive across two lanes and the center lane into the left lane and immediately put my right turn signal on to merge into the right lane, because I was making a right hand turn within 1/8 mile. On the... Read more »

Ecleynne Mercy answered on Jul 10, 2019

You need to have a trial. They are not going to dismiss it. Your options are hiring an attorney to represent you OR you can have a trial on your own because you are debating all the facts. I pray this helps.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I was given a ticket for traveling in the left lane after moving over for emergency vehicle on the side of the road

I was in left hand lane because traffic moved over for emergency vehicle on other side of hill that officer could not see, and he said he gave me the ticket because the sign says no (trucks) over 6 wheels in left hand lane, he said the bus is built on truck axles so it is therefore considered a... Read more »

Ecleynne Mercy answered on Jul 10, 2019

In O.C.G.A. section 40-6-52, the legislature established rules governing the operation of trucks on multi-laned highways. “ ‘Truck’ means any vehicle equipped with more than six wheels.”

1 Answer | Asked in Public Benefits for Georgia on

Q: GA Code § 1-2-3 (2018) Under this code how is the citizenship of the state of Georgia is acquired?

Ecleynne Mercy answered on Jul 10, 2019

All citizens of the United States, resident in Georgia, are citizens of Georgia.

Ga. Const. 1983, Art. I, § I, ¶ VII.

Until citizenship is acquired elsewhere, a citizen of Georgia continues to be a citizen of the state and of the United States.

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