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Questions Answered by Ecleynne Mercy
1 Answer | Asked in DUI / DWI for Georgia on
Q: 64 yr old retired man napping in car at waffle house--ticket "unsafe driving" DUI. Requested to go to hospital for blood

test. Was a Gwinnet county resident until recently widowed and evicted when house forclosed. Fine is $2006 and requires going to court. Without evidence of a breathlyzer will he be convicted? He was jailed at that time for 2 days and his license revoked and he has no money to pay.

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

He needs to go to the public Defender ASAP. In Georgia you can be arrested for DUI with circumstantial evidence. If he does not have funds he needs to get a PD. Just be mindful that one can subpoena the surveillance video outside waffle house and see if he drove there.

1 Answer | Asked in DUI / DWI and Car Accidents for Georgia on
Q: i was not informed of chemical test.

After being in a traffic accident I respectfully told the officer that I didn’t want to take breathalyzer because I am under doctor’s care and was afraid my med. Xanax would register. I only take it at night before bed. I was arrested after a field sobriety test. Then the officer took me to the... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Yes the fact that you were transported to the hospital indicates that you sustained serious injury. The fact that the accident was 9/18/18 is not too late for a hearing. However, i am concerned and you should also be concerned about being referred to Mental Health Court. However, you don't... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: could my citation potentially be dismissed due to invalid information?

I was recently involved in a fender bender with a sheriff who was in his civilian vehicle(big truck). We were stopped at a stop sign and he started to move forward so I assumed he was driving off and veered my head over to check for oncoming traffic, only to bump into him when I looked forward... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

To be real honest because the other driver happens to be law enforcement it gets a little more tricky. It may not be as simple as just saying he's "Nope didn't do it". You will need to do more. There are motions that must be made and subpoenas may be necessary to keep law... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Will we have to appear in court?

We live over 300 miles from the county of the offense, My husband and I was charged with a controlled substance Marijuana paraphernalia. Officer said if we pay we don't have to appear in court. Will we have to appear?

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

You may not have to appear but it is in your best interest to get an attorney. Looking at the discovery will allow an attorney to see if there are any issues with the citation. There could be 4th amendment issues. In addition, paying a fine is a plea of guilty. This plea can be on your criminal... View More

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2 Answers | Asked in DUI / DWI for Georgia on
Q: Can I get a DUI when I have a hangover?
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

DUI means driving under the influence. Georgia drivers who drive with a hangover may be taking serious risks. Even if you are no longer drunk, a hangover could slow reaction times and inhibit driving in a way that catches the attention of a police officer. Thus, a driver who is impaired in this... View More

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1 Answer | Asked in DUI / DWI for Georgia on
Q: How many times can someone get caught drunk driving before the police will revoke a driver's license?
Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

The Georgia DDS will revoke your driver's license if:

You receive a 3rd conviction within 5 years for a violation that carries a mandatory suspension (e.g. DUI).

Your driver's license will be revoked for 5 years and you will be declared a “habitual violator."...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I refused to blow but did the sobriety test . Was not drunk. Arrested. Never informed of chemical test.

I refused to blow and respectfully told the officer and provided my pres. under doctor’s care for MDD. I wasn’t sure of the accuracy or even know hoe breathalyzer work. I had not had one drink. I agreed to sobriety test was easy. arrested for dui. I did not know until the reading my papers that... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

DUIs can impact your life in so many negative ways. Your situation based on what you presented sounds like a case that should go to trial. You need an attorney. I've had to prepare for a DUI trial with similar facts. I will warn you that you may want to just speak to you attorney and NOT the... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Felony dwi in ny. I live in georgia. Will they extradite me
Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

Depends on what county? What type of Charge? Take care of the case in NY now by hiring an attorney. They can schedule a surrender date. With my clients I schedule surrenders and negotiate bonds before my clients turn themselves in. GET AN ATTORNEY IN NY now. because if your picked up in any other... View More

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2 Answers | Asked in DUI / DWI for Georgia on
Q: Im facing a dwi charge in ny. Will georgia extradite me back there
Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

Depends on what county? What type of Charge? Take care of the case in NY now by hiring an attorney. They can schedule a surrender date. With my clients I schedule surrenders and negotiate bonds before my clients turn themselves in. GET AN ATTORNEY IN NY now. because if your picked up in any other... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: So I got a ticket for having blue tag lights and on the ticket it says operating unauthorized vehicle with blue lights

I told the officer I was changing the tag lights when I got to work and I have is there anyway I can get the ticket dropped?

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

It depends on so many things. That would literally be on a case by case basis based on the Solicitor or the County.

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can a drivers license be suspended even if there wasn't a DUI conviction (20 years ago)?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

I would need ALOT more information to answer your questions. Like what state? what happened? Etc. Etc. etc

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1 Answer | Asked in Criminal Law for Georgia on
Q: IS A DEFENDANT ENTITLED TO DASH CAM VIDEO IN ORDER TO PREPARE FOR CASE?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

In Georgia there is NO general constitutional right to discovery exists in a criminal case. However, Georgia has discovery statutes compelling the production of evidence by subpoenas for the production of documents and by notices to produce.

1 Answer | Asked in Criminal Law for Georgia on
Q: What does the law in Georgia for criminal trespass?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: IS 20 DO 10 MANDATORY MIN SENT FOR TRAFFICKING METH (64 GR) FOR 1ST TIME OFFENSE IN GA?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

(1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;

(2) If the...
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1 Answer | Asked in Criminal Law for Georgia on
Q: ARRESTED FOR VGCSA TRAFFICKING METH, POSS OF FIREARM DURING COMM OF FELONY, DRUG RELATED OBJ, FAIL TO REG VEHICLE

INDICTED ON TRAFFICKING METH. IF I WERE TO NEG A PLEA ON METH CHG & ALL OTHER CHGS DROPPED, CAN THE DA STILL USE THOSE CHGS WHEN SENTENCING ME? I HAVE NEVER BEEN IN TROUBLE OF ANY KIND, NOT EVEN A SPEEDING TICKET. 60 YRS OLD - MADE MAJOR MISTAKE DUE TO CIRCUMSTANCES AT THE TIME.

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

Well the negotiated plea will be for all the charges IF its just once case. The DA can considering any and everything when negotiating a sentence. However, a lawyer makes sure that the recommendation makes sense and is in line with the facts and the law. So for these major cases, it is always best... View More

1 Answer | Asked in Criminal Law and Probate on
Q: What does krs 439.340 mean
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

In the Commonwealth of Kentucky the statue: KRS 439.340: An inmate’s initial parole eligibility date is calculated by the Department of Corrections Office of Offender Information Services, based on applicable statutes and regulations governing parole eligibility. After an inmate’s initial... View More

2 Answers | Asked in Criminal Law for Georgia on
Q: Felony prob in Ga. is transferred to another county. Who do I owe past due fees to?

My transfer was approved to move to another county but I am behind on supervision fees to the one that transferred me. Do I owe each county fees now? On jpay those fees look like it all goes to the State of GA and not the counties. Thank you.

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

I would say pay your current probation office. Just keep receipts in the event a mix up happens. Based on your question being that its one case being transferred you should just be paying ONE (1) Probation. Just remember to always keep receipts. Even if you haven't before, start doing so now.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: My daughter has a lawyer. Domestic violence. Prosecutor ready to offer deal. What should she think about asking .

Husband got his dismissed after giving her a black eye and split lip. She scratched him. We dont think she should plea guilty and have a conviction on her record. What should she accept and tell her lawyer?

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

Well I will need more information. But you can ask your attorney for a case analysis. Have them prepare one so you can get a full look at the case and see what is in your best interest. In a case analysis, you should get the pros and cons on the case and detailed explanation on what the attorney... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: What protections do I have against retaliation if I file domestic violence charges against my husband?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

First, you are truly brave for seeking helping. Before filing for charges, you should contact the District attorney's office. They will give you a victim advocate and you will get a safety plan and ways to get extra protection.

2 Answers | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Can a minor charged with a felony have that charged lowered to a lesser charge?

This is his first offense

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

That depends on the type of charge and the facts of the case. It could quite possibly be lowered but more information must be provided.

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