Q: Can they use the new law on interlock devices on a charge prior to the law going in to affect.
2nd dui. First was in 1993
A:
Two answers are possible. But, BOTH depend on whether your administrative license suspension hearing is OVER or not. If it is over, then this answer will be of no use.
1. The new law did NOT allow for those arrested prior to July 1, 2017 to benefit from the provisions. Your lawyer should call the Georgia DDS, to talk with a staff attorney, to ASK for their suggestions, on how to proceed. However, if your lawyer filed an ALS appeal, which was the only option to fight, pre-July 1, then you cannot get any help from DDS GA.
2. I have been able to NEGOTIATE some GA cases, with the criminal case prosecutor. My client. in one case, a DUI refusal, agreed to INSTALL an interlock for a full year, in exchange for having the ALS hearing request withdrawn by the arresting officer, and I was able to get a reckless driving plea agreed to, in criminal court. This saved by client's Wisconsin driving privileges.
Read much more in the 7 steps that are published on my Web site:
https://bubbahead.com/dui-implied-consent-georgia-license-suspension-ga-tips/
Call my partner, Larry Kohn, if you are not represented by an attorney: 404-538-3373.
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