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Questions Answered by Samantha Embry

2 Answers | Asked in DUI / DWI for Georgia on

Q: I got a DUI in 2013, even with no alcohol or drugs found in their drug test. Is there a way to have this expunged?

The court said it was my daily medicine that did it. I told the officer I have epilepsy.

Samantha Embry answered on Jun 3, 2019

If you plead guilty, this offense cannot be expunged.

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1 Answer | Asked in Traffic Tickets for Georgia on

Q: I received a ticket for street parking that I was truly not aware was a city ordinance . I never received a warning.

I am not sure how I should plead.

Samantha Embry answered on May 15, 2019

You should plead nolo contendere or guilty. Depending on your traffic record. Ignorance of the law is not a defense. Sorry you didn’t know.

1 Answer | Asked in Criminal Law for Georgia on

Q: What are the charges for someone that kept my down payment and didn't give me the property?

I was buying a car, gave down payment, got bill of sale, sales agreement, receipts, but car wouldn't work. I asked for money back but he refused.

Samantha Embry answered on May 3, 2019

What is your goal in pursuing the matter? If you are seeking to get your money back along with possible damages for the headache, you would be better off pursuing this matter civilly rather than criminally. The type of civil lawyer you would need is one who practices an area of law called,... Read more »

2 Answers | Asked in DUI / DWI for Georgia on

Q: Can I be charged with DUI with no blood/alcohol test performed and being parked in a public parking spot.

Was not offered a breath test. Was not driving.

I was parked in a spot with vehicle not in operation.

Samantha Embry answered on Apr 28, 2019

The short answer is, yes. You can be charged with a DUI if you are in control of a vehicle at the time an officer stops you. I suggest you seek representation.

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1 Answer | Asked in Traffic Tickets for Georgia on

Q: Does a careless operation ticket mean a DUI charge?

Samantha Embry answered on Apr 27, 2019


1 Answer | Asked in Traffic Tickets for Georgia on

Q: I recently received a "hands free" ticket in Georgia. He listed it as M/V - unlawful use of communication / electronic

40-6-241 On my DMV record it is listed as failure to due care. Should it be listed as this?

Samantha Embry answered on Apr 26, 2019

Yes, that is listed correctly. You can read the full statute here:

Sometimes, if you purchase a hands free device for your vehicle and take it to court with you to show the Judge, they will dismiss the ticket...
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1 Answer | Asked in Criminal Law for Georgia on

Q: Statute 99-8 HOLD FOR OTHER AGENCY ATLANTA PD Does anyone know what Statute 99-8 pertains to.

Samantha Embry answered on Apr 23, 2019

This means that the person who has been arrested in one place has a warrant in another place. So, when they are bonded out of wherever they are, they will immediately be transferred to the location where the other warrant is. For example, he or she got arrested in Decatur, but has a warrant out... Read more »

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

Q: Court date yrs ago that I was not aware and now I have 2 warrants. What to do to not get arrested but get new date?

Had a car accident around 2015. Received 5 misdemenaors and 1 felony charge. Went to first court date and was told that they were trying to send it to Federal court and would receive a letter for court in 6 months to a yr. Never received a new court date. Recently was working at a job that I have... Read more »

Samantha Embry answered on Apr 23, 2019

Bench warrants are issued in circumstances were (1) you failed to appear for a court date (2) failed to pay a court fine on time (3) failed to obey a court order or violated probation. The main way to get a bench warrant lifted is to appear in court - either through your attorney or in person.... Read more »

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