Questions Answered by Samantha Embry

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

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on May 15, 2019
Samantha Embry's answer
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.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 3, 2019
Samantha Embry's answer
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, "consumer law" and handles automobile fraud. It sounds like the auto dealer may have violated a few business practices in this transaction. Additional information would be needed to ascertain what...

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

2 Answers | Asked in DUI / DWI for Georgia on
Answered on Apr 28, 2019
Samantha Embry's answer
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.

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

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Apr 26, 2019
Samantha Embry's answer
Yes, that is listed correctly. You can read the full statute here: https://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-11/40-6-241/

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 on first offense. I think that may be worth a try in your instance, or you could just pay the fine. It's up to you.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 23, 2019
Samantha Embry's answer
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 for their arrest in Atlanta. Whenever he or she bonds out of Decatur, Atlanta PD will be notified to come pick the person up from Decatur for transfer to Atlanta jail. The only way to avoid this...

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?

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Georgia on
Answered on Apr 23, 2019
Samantha Embry's answer
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. Another way is to have it dismissed because it wasn't served properly. You mentioned you never got notice of the appearances. Why not? Did you address change? Depending on why you did not get notice of...

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