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
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
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
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
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
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
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
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
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...View More
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.
There may be some reason that your lawyer is opting for a bench trial. A bench trial is a trial where the Judge decides guilt or innocence, and there is no jury. Normally you would be better off with a jury trial. Working out a plea in the case would usually lead to a better sentence than the...View More
The specific process can vary from court to court, county to county, but generally after arraignment the next court date would be a motions hearing date. After that, you would have a pretrial conference date if your court holds them. Otherwise, if you requested a bench trial, your next court date...View More
A bench trial is a judge trial, where the judge makes the ultimate determination as to whether you are guilty or not. This is opposed to a jury trial, where a jury of citizens is brought in to listen to the case, and they make that decision.
Unless you (or your attorney) have filed...View More
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
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
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.
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.
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