Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kelly Case
1 Answer | Asked in DUI / DWI for Georgia on
Q: Ok i got pull over by state trooper in Georgia for a seatbelt and he said that i. Looked under the influence of weed so

I didnt take any test and get lock up then i go to court and they got me for the wrong charge what do i do from here

Kelly Case
Kelly Case answered on Sep 1, 2017

Hire a great DUI lawyer immediately. Your license is in the process of being suspended. A lawyer can get a hearing scheduled and can potentially successfully resolve this for you. Call my office at 866-822-7352. We have many payment plans available and appear all over the State of Georgia.

1 Answer | Asked in Personal Injury, Internet Law and Sexual Harassment for Georgia on
Q: I sent someone I met online some nude pictures of myself to his cellphone. After breaking up with him because...

...I realised he was violent, I broke up with him. After ignoring his texts and calls he sent the compromising photos to my ex-husband on Facebook in a post that was public. My son and his friends saw these photos before my ex deleted them. I deactivated my Facebook account but he apparently took a... Read more »

Kelly Case
Kelly Case answered on Jun 16, 2017

File a complaint with the police. This is a crime in most states. That should be enough to stop him, but you can always file a restraining order if necessary. Good luck!

www.JudgeCase.com

1 Answer | Asked in DUI / DWI for Georgia on
Q: 2yrs old case. DUI. My son live in TX. Case should have been closed. He has a new court date. Don't know what to do.

Son had one drink at a restaurant. Did not even drink it all. He passed out while driving and hit two cars. No one was hurt but him. Both parties was paid good by the insurance company. He woke up handcuff to a hospital bed. He spent about 6 days in jail. Because he was driving a friends car. The... Read more »

Kelly Case
Kelly Case answered on Jun 16, 2017

Have your son call my office at 866-822-7352. We have many different types of payment plans, depending on the underlying test that was performed. Since you mentioned that your son was in the hospital, I am guessing that this may be a blood draw DUI. If so, then those are very complex and require... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Criminal Law and Personal Injury for Georgia on
Q: Need to know if a business can be sue if it causes you to be locked up under false pretenses

My boyfriend was attending family violence classes so that he could get off probation. Somehow they didn't log in how many days he had came to class. Not to his knowledge (until just recently) he was kicked out bc they thought he missed the maxium amount of days. His p.o was told this info (before... Read more »

Kelly Case
Kelly Case answered on Jun 7, 2017

You can sue for any reason, but the real question is "can you win?" I cannot see any theory of liability that would afford a litigant damages in this scenario. How could you prove that the "business" messed up. This is one of those situations where just because you can doesn't mean you should. Of... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are in agreement to end child support can that modification be done out of court in GA?

Parents are divorced. Can a father voluntarily relinquish parental rights when both parties agree and would this end child support payments the mother no longer wants them. All in the state of GA child is 8 year old.

Kelly Case
Kelly Case answered on Jun 5, 2017

You should seek the advice of a qualified Georgia Family Law attorney. Your question does not have enough information to answer completely. All decisions regarding this type of matter, child support, medical expenses, insurance coverage, etc are set the standard of the "best interested of the... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: 3rd dui in 5 years

Took a plea and requires me to have ignition interlock but I do not own a car how is this possible

Kelly Case
Kelly Case answered on Jun 5, 2017

Because the courts are run by judges with experience in dealing with people claiming they do not "own" a car and know that it is very unlikely that you do not have access to or are using a vehicle on a regular basis. I heard this 2 times a day from people that thought they were going to be able to... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: In Georgia divorce case, how to obtain physical records of a lease contract without needing a subpeana to court.

So plaintiff can review names of occupants to determine if lease is to be named as a party in a divorce.

Kelly Case
Kelly Case answered on Jun 5, 2017

You might need to state your question a little differently. A "lease" is never going to be a party to a divorce. I am not sure what you are asking for but if you want documents for a legal matter that are in another's possession, you have a couple of options. First, if this is an entity responsible... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is driving while on prescribed methadone illegal in Ga.
Kelly Case
Kelly Case answered on May 29, 2017

If you are determined to be impaired by drugs or alcohol while driving then you can be charged with DUI. Having a prescription is irrelevant.

www.JudgeCase.com

1 Answer | Asked in DUI / DWI, Civil Litigation and Traffic Tickets for Georgia on
Q: Can the County give an infraction to a visitor, even if the visitor is from a U.S. territory?

The person driving the vehicle is not the owner. He was visiting family in the state of GA and was unaware of this particular law (Chapter 6, Article 8 -School Buses). He doesn't even have a state drivers license, but one from a U.S. territory.

Kelly Case
Kelly Case answered on May 25, 2017

Yes, the county can cite anyone for a traffic infraction, whether they have a driver's license or not, own the car or not, or are here from another country. The fact that they did not know what the law was is not a defense.

www.JudgeCase.com

1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have a custody evaluation that was done in Augusta, GA that I disagree with. What can I do?

The evaluator did the MCII and PAI and finds them both invalid, but takes a binder full of facebook posts my ex handed to him saying, "Yes, she made all these", and, without any attempt at independent verification, incorporates them into his attempted diagnoses as anywhere from bipolar to... Read more »

Kelly Case
Kelly Case answered on May 25, 2017

These are all questions that you should be directing to your lawyer. As the person most familiar with your case, your lawyer is the first person to go to with these types of questions. If you do not have a lawyer, then it would be a good idea to hire one . . . a very good one, right away. Without... Read more »

2 Answers | Asked in DUI / DWI, Car Accidents and Insurance Defense for Georgia on
Q: Need help

My wife's brother left his vehicle at a person's house so that a flat tire could be repaired, but found out that it had been taken by a family member under the influence of drugs and who did not inform the owner of the vehicle thus did not have consent. She then drove it ending with her getting... Read more »

Kelly Case
Kelly Case answered on May 25, 2017

I believe you are asking if someone who took another's vehicle without consent and was involved in a serious accident, would the owner of the vehicle be liable? If that is your question, then yes, the owner could certainly be held liable under certain circumstances. There is no "yes" or "no" answer... Read more »

View More Answers

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: I am involved in a domestic abuse marriage and I need a lawyer to help me file for divorce

I can't afford a lawyer at this time.

Kelly Case
Kelly Case answered on May 25, 2017

Not sure what your questions is, but if you cannot afford a lawyer and you want to get divorced you are out of luck. There are no free lawyers just like there are no free doctors, free meals or free cars. If you need a lawyer, save money, get a loan, sell items, or do whatever it takes to hire a... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Seeking first step in tolling statue of limitations

Slip and fall

Kelly Case
Kelly Case answered on May 20, 2017

File the petition before the 2 year limitation. That is the only thing that stops it. I feel as if you are trying to ask something different so I am not sure that you have asked the correct question. The only thing that stops the limitation period is filing suit, so hire your lawyer quickly and... Read more »

View More Answers

2 Answers | Asked in Personal Injury for Georgia on
Q: My child got in a fight at school&damaged the other student's glasses frame.Parents are saying replace is $400 w/o

a receipt. The lens weren't broken but one side of the frames was damaged. The glasses weren't new. My child was suspended two days out of school. Can I ask that we pay for repair of the glasses or are we obligated to buy new glasses entirely?

Kelly Case
Kelly Case answered on May 20, 2017

This is a great question and unfortunately not one that has a clear answer. If you believe your child was at fault and the other child's glasses are truly broken, then yes, pay the full price, but of course, you should see some sort of estimate to replace or repair first. Asking for proof is not... Read more »

View More Answers

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Is is OK for a female police officer to strip search a male inmate
Kelly Case
Kelly Case answered on May 12, 2017

I think the jail commission standards require same sex strip search. I don't know how to answer if it is "OK"> Do you mean illegal - possibly, depending on how it is charged. www.JudgeCase.com

1 Answer | Asked in Criminal Law for Georgia on
Q: Sex with a sex offender on probation?

I am a guy and have have a guy friend of mine who I have always fooled around with and had sex with. He is on parole for 16-6-22.1 - SEXUAL BATTERY Sexual Motivation. Because he is on parole, can me and him still fool around? Is it against the law for me and him to have sex? We are both over 18 and... Read more »

Kelly Case
Kelly Case answered on May 12, 2017

It depends on the conditions of his probation. Usually, for this type of offense there are limitations and he will have to notify his probation officer. If he does not, or violates the conditions, he can go to prison. www.JudgeCase.com

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother this charge in October of last year and has been out on bond and he has heard nothing else from the d.a.

What should he do? Part 1 - GENERAL PROVISIONS

§ 16-11-103 - Discharge of gun or pistol near public highway; penalty

And reckless conduct. He hasn't even heard from the bondsman...

Kelly Case
Kelly Case answered on May 12, 2017

Continue to follow his conditions of bond if any, and definitely check in with the bonding company. I would not contact the prosecution. Good luck! www.JudgeCase.com

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: My boyfriend was arrested on warrant for VOP and has been in jail for 50 days without ever seeing a judge. The clerk of

the court and the public defender's office both say they have not received paperwork from the probation officer, thus no court hearing and no one assigned to defend him. OCGA 42-8-154 says that a person arrested on warrant for alledged VOP, as long as he has not waived a prelim hearing and no... Read more »

Kelly Case
Kelly Case answered on May 11, 2017

Talk to someone at the public defender's office about filing a writ. They are usually very helpful and resourceful folks that can help in this type of situation. Alternatively, contact the court's administrator and let that person know he has not yet been brought to court. Last resort, contact the... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Georgia on
Q: There was a false police report made about me and I have proof. What do I do as far as pressing charges?
Kelly Case
Kelly Case answered on May 11, 2017

I am not sure what type of case you think you may have or what you would be "pressing charges" for. It is doubtful the police would do anything with this and no crime has been committed. You may have a slander claim, but those are extremely difficult to prove and bring to a jury and would cost a... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How do I get my son back?

I had a son who I let go visit his father...his father is not on his birth certificate. He up and took off across the country to Wyoming with him and refuses to bring him home. There is no established custody agreement. I keep asking him to bring him home. He keeps putting it off telling me when he... Read more »

Kelly Case
Kelly Case answered on May 11, 2017

My first question is whether you have filed a police report? This is not the usual situation of the non-custodial parent keeping the child an hour or two over the visitation time frame. If your son has been taken out of the State and you have no idea of his whereabouts, this is an emergency... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.