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Georgia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More

John Kim
John Kim
answered on May 24, 2024

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a court clerk refuse to send me my court docket or am I entitled to that information? It's for employment.

I asked the court clerk in Locust Grove, Georgia for a Court Docket regarding my case and she sent me a case disposition instead. My potential employer is specifically asking for a court docket. The clerk said that she could not jeopardize the privacy of everyone involved.

Glenn T. Stern
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answered on May 1, 2024

You could file an open records request for the court's docket, but I can't imagine why a potential employer would even need it. Why would they need a list of all the cases/defendants/charges for the court that day? It sounds like this employer may be confused as to what a "court... View More

0 Answers | Asked in DUI / DWI for Georgia on
Q: How do I obtain an interlock waiver in Georgia. I live in Florida.

I’m trying to clear up a DUI from 12 years ago that I didn’t take care of. I paid my court fees and I’m in the process of getting the clinical treatment evaluation.

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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answered on Jan 29, 2024

Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can you get a dui if you’re in your house and there is no proof of your driving the car under the influence
T. Augustus Claus
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answered on Dec 29, 2023

In Georgia, a DUI (Driving Under the Influence) generally requires evidence that an individual was operating a vehicle while under the influence of alcohol or drugs. If you are inside your house and there is no proof that you were driving the car under the influence, it is unlikely that you would... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
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James Clifton
answered on Oct 12, 2023

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

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1 Answer | Asked in DUI / DWI for Georgia on
Q: If you get pulled over and charged with a DUI of Suboxone plus a meth pipe but no drugs and a speeding ticket
Joshua Schiffer
Joshua Schiffer
answered on Oct 2, 2023

SUPER crappy of the cops to do that, but it IS possible. You need to get a LOCAL lawyer and fight this, as thats BS. They should be happy someone is addressing their substance issues.

Please fight this!

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: I was pulled over for speeding and got charged with a DUI because of my Suboxone what would be the mandatory sentencing

also had a meth pipe on me but did not have any meth on me

Glenn T. Stern
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answered on Oct 1, 2023

DUI is a misdemeanor, so the maximum punishment is 12 months in jail and a $1,000 fine. However, it's rare that anyone is sentenced to the maximum. Most places sentence first-time DUI offenders to between 24 and 72 hours in custody, a fine that totals around $600 (which becomes about double... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: My cousin in Georgia got a second DUI while the first case was pending. How will the matter proceed procedurally.

So my cousin got arrested very late last Sunday night. He was charged with DUI (his first), DC and trespassing (he walked into a random house after driving there). He was released on bond. The Gwinnett County docket only has Pre-filed charges for DC and trespassing. A couple days later, he passed... View More

Ryan Langlois
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Ryan Langlois
answered on Oct 17, 2023

The maximum punishment that anyone in Georgia can receive for any misdemeanor is a year in jail and a $1,000.00 fine for each charge, if they were to run consecutively. I would agree that your cousin needs to speak with a local attorney, as outcomes, especially regarding DUIs vary from county to... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Georgia on
Q: is it illegal to drive with my right brake lamp out?
Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes. You are subject to being stopped as well as citation.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Please help me get this off

I was working out of state I got a DUI which was my second I went to court but

My paperwork got mixed up saying it was my fifth which meant I had to go to felony court well then they realized the first hearing was the right one but by then my job had ended and I was gone back home this was... View More

Robbie Levin
Robbie Levin
answered on Aug 1, 2023

I don't really understand exactly what you are asking. Did you enter a plea of guilty? Is the charge still pending?

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: i got a DUI/ marijuana i wqs parked engine turned off and keys not in the ignition what was his probable cause?

he stated that someone called in and said that i look intoxicated. i he gets me out of my vehicle but i refused the field sobriety test, breath test and blood test. there was no drugs in my possession but he still arrested me. with that said he also did not take my drivers license nor did he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

You need an attorney to represent you. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Car Accidents and DUI / DWI for Georgia on
Q: Is an accident, red eyes, odor of alcohol and swaying enough to arrest for probable cause?

No field sobriety tests or chemical tests were done and the crash caused the defendant to break her foot and hand.

- Can the crash be used as a defense for the alcohol symptoms of swaying and red eyes since the airbag deployed?

James Clifton
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James Clifton
answered on Jun 26, 2023

The accident itself is not sufficient evidence alone. The red eyes and swaying could definitely be attributed to the airbag and the accident. The odor of alcohol will have to be defended more rigorously. There are certain questions to ask the officer that can expose the officer's inability to... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: On a first offense DUI less safe drug charge can I pay the fine for the ticket and it all be over and done with?
Glenn T. Stern
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answered on Apr 16, 2023

No. A DUI charge defendant must appear in court before a judge. A DUI sentence has far more to it than simply paying a fine, including a minimum jail sentence, community service hours, classes, probation and license suspension.

1 Answer | Asked in DUI / DWI for Georgia on
Q: What can happen to me if I plead nolo to a first offense DUI less safe drugs charge in Georgia?
Glenn T. Stern
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answered on Apr 14, 2023

In Georgia, a nolo plea to a DUI is the functional equivalent of a guilty plea or a conviction. Nolo pleas are also at the discretion of the judge, and most will refuse to accept one for a DUI.

1 Answer | Asked in DUI / DWI for Georgia on
Q: What happens at ALS hearing? Do lawyers negotiate with police day of or does it happen prior to?

Does hearing get waived?

Glenn T. Stern
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answered on Apr 4, 2023

At an ALS hearing, the court, after reviewing your appeal and any evidence you may have submitted, will hear testimony from the officer and from you/your attorney. The court will then typically issue a ruling.

Often, the ALS hearing is the first opportunity for the attorneys to speak with...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What is the DUI court process in state court in Georgia? Can a plea be negotiated at arraignment?
Glenn T. Stern
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answered on Mar 31, 2023

It can be, but attorneys seldom have all of the evidence by that state in the process. Most DUI cases are plead "not guilty" at arraignment so that the attorney has the opportunity to review the evidence and then try to negotiate a deal with the prosecutor.

Of course, there are...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What do prosecutors look for when it comes to reducing charge to reckless driving?
Glenn T. Stern
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answered on Mar 30, 2023

Generally speaking, prosecutors will evaluate the strength of the evidence in the case, the defendant's prior record, the defense and the reputation of the defendant's attorney, and frankly--anything else that either side believes is relevant and should be considered in making that judgment call.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Administrative license suspension in Georgia…are state troopers more harsh when it comes to entering into an agreement

Lawyer says she’s going to negotiate a Joint motion to rescind License by entering into an agreement that I plead guilty to either reckless or dui.

Glenn T. Stern
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answered on Mar 30, 2023

Personally, I have not found it to to be the case that state troopers are any more harsh than other type of officer when it comes into consenting to a joint motion to rescind license.

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