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Georgia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Georgia on
Q: i was arrested for posse. of ice an dui which clearly wasmt dui but any how the deparment didnt fingerprint or mugshot.

court date came up callwd the clerk of courts an checked the online agenda an my name wasnt on it what do i do

Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2020

Incorrect documentation and errors from Law Enforcement are unfortunately common. You may want to hire a lawyer on a very limited basis to do the investigation for you so you can be certain there is not a case against you. The SHOULD have provided you a bunch of paperwork when you were arrested,... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was sitting in my car at the store. Officers approached and said that store had called about me asleep in the car.

Took field sobriety tests and blood tests. Got a Dui less safe ticket no jail

Sean McIlhinney
Sean McIlhinney answered on Aug 29, 2020

I would advise you to secure free consultations with experienced GA DUI criminal defense attorneys who will be able to give you a complete case evaluation after learning more about the specific facts of your case. Then hire the attorney who you feel most competent and comfortable with.

I...
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2 Answers | Asked in DUI / DWI for Georgia on
Q: Dui less safe drugs ticket, not pulled over,in parking lot of store

Got a ticket pending blood tests. I told them about my prescription meds, what do I do

Robbie Levin
Robbie Levin answered on Aug 28, 2020

Hire a lawyer. You don’t want to risk jail and losing your license.

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

Ph.: 404 281 5897

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2 Answers | Asked in DUI / DWI for Georgia on
Q: In a dui ...dring under the influence of drugs do they have to test you for the drug
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 11, 2020

In Georgia, They will usually test under the DRE (drug recognition expert) guidelines for field sobriety examinations. However, They don’t have to test for the specific drug itself as there is no requirement for that.

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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: How do you know if one has an active warrant without going turning yourself in?

Never was served papers. Rumors

Robbie Levin
Robbie Levin answered on Jul 5, 2020

Some jurisdictions will give this information over the phone. If not, you may want to hire a lawyer to look into it for you.

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

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: Hi Im deaf. is there a way to appeal after missing deadline to prevent license suspensions?

I was arrested in dec 2019 and by Feb 2020 I was notificated that my license was suspended and I didnt know bout $150 fee. any way I can appeal or work to get driving permit?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 1, 2020

Yes, it is possible. It is best to contact an attorney who can assess the details of your circumstances, get additional information from you and provide you with a detailed solution.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

The Upshaw...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Do I need to take dui class twice for 2 different citations that were given with in a month of each other?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 18, 2020

This really depends on the negotiation with the prosecutor but technically yes you would need to take the classes twice.

2 Answers | Asked in DUI / DWI for Georgia on
Q: I received two dui’s one in April 2017 and the other in May of 2017. Do I have to take dui class twice.

I went to court in 2017 on charges. I ran and I years later I got picked up on a warrant. 30 days in jail. The DDS told me all I need was one DUI Certificate with both citation #’s on the certificate & same for clinical evaluation. She said that was all I need and to pay 400.00 for... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 18, 2020

Were you on probation when you ran or was the case still waiting for completion. Everything can have an effect. you will most likely need more than a dui certificate but we need more information.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Do i have to take defensive driving for reinstatement in Georgia if 5 years has passed since incident

I have 2 duis from over 5 years ago. My license were suspended and i was ordered to take 2 defensive driving courses before reinstatement. Is there a statue of limitations on that requirement? I have had no driving citations or duis since

Michael D. Barber Jr.
Michael D. Barber Jr. answered on May 16, 2020

The statute of limitations does not apply to taking a defensive driving course. Unfortunately you will still have to complete those requirements as they are required by statute to be completed not just by order of the court.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do i go about getting this DDS fraud case handled once and for all?

I have been under investigation for driver's license fraud for about 8 years. Knowing that the statute of limitations have been up, these investigators are putting me through the same things. They are not putting the case through the courts or giving me my license, they keep telling me i... Read more »

Sean McIlhinney
Sean McIlhinney answered on May 12, 2020

I regularly handle suspended license issues with the GA DDS.

Please feel free to call me on my cell phone at 404-932-3099 to discuss your situation.

Best regards,

Sean McIlhinney, Esq.

6625 The Corners Parkway, Suite 115

Norcross, GA 30092

Cell:...
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1 Answer | Asked in Legal Malpractice, Criminal Law, DUI / DWI and Civil Rights for Georgia on
Q: Is it legal to drink alcohol and shoot targets on my own private property in ga.

Not that I’m going to or want to I just started thinking wow I’ve had a long week at work I think imma have a few beer when I get off but then I thought oh yeah I need to adjust my scope and that’s how I come up with the question . But I was just wondering say I had a few beers and been... Read more »

Lance Mixon
Lance Mixon answered on Apr 25, 2020

Your private property may be in a city that makes discharging a firearm in the city limits illegal. Plus, in some or residential neighborhoods, covenants prevent such activities due to disruption of the neighbors due to loud noises.

1 Answer | Asked in Car Accidents and DUI / DWI for Georgia on
Q: My second DUI charge an accident was involved..what could my bond be
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Feb 29, 2020

Your bond will be determined by other factors than just the charges. What court will you be going to for the bond? Was anyone hurt in the accident? How far apart are your two dui charges?

3 Answers | Asked in DUI / DWI for Georgia on
Q: Skipped Court DUI

Long story short, I received a DUI exactly 10 yrs/1 mo ago and I have never been to court for it. So obviously I know I have an FTA (Most Likely) When I log in to the cities website and go to pay fines off, I then enter my License # and my DOB, which brings up two citations, one for Failure to... Read more »

Robbie Levin
Robbie Levin answered on Feb 28, 2020

What city is this in? You will likely need a lawyer.

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

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2 Answers | Asked in DUI / DWI for Georgia on
Q: What could my bond be on DUI and failure to yield charge
Robbie Levin
Robbie Levin answered on Feb 28, 2020

Probably around $1000. But there are many factors that can effect the bond amount.

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

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3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: My daughter of was charged with a dui, failure to maintain Lane and motor vehicle theft. Are these charges correct?

In the state of Georgia. My daughter was under the influence of drugs, she went to a friend's house to get help. No one was at home. She went up to one of his vehicles that was unlocked and sat in it for a while. She realized the keys were in the car so she started the car and went to drive... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 5, 2020

The statute code that could apply for the vehicle is OCGA 16-8-2, Theft by taking. It is best to contact an attorney as soon as feasible who can assist you with the specifics of your case and craft an appropriate and tailored defense.

We are glad to assist you. Contact us whenever you are...
Read more »

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4 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Family member has warrants for failure to appear and probation violation.

He thinks if he waits till prob period runs out he will be free and clear.

Cawanna Anise McMichael
Cawanna Anise McMichael answered on Nov 14, 2019

That is not necessarily true. Probation could submit to the Court a tolling order and if it has been signed his probation would stop or "toll" until such time as he is arrested not the warrants. If a tolling order has been signed there is no way for his probation period to run out.

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2 Answers | Asked in DUI / DWI for Georgia on
Q: If this is my first offense what should I expect in court ?

Will I get probation ?

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Oct 21, 2019

In order to remotely answer your question we would need way more information. Are you getting help from an attorney? What are the facts of your case? Impossible and would only be able to speculate without at least some information about your situation.

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Joshua Schiffer
Joshua Schiffer answered on Oct 1, 2019

Novel question. Could be, with the right facts and evidence of intent. Would depend on the perspective of the Indicting DA.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Hi, Can you be charged with a DUI after a wreck if no sobriety tests were given or breathalyzer? No citations issued.

Additional details removed.

William Jaksa
William Jaksa answered on Sep 9, 2019

The short answer is YES. The issue becomes when will they lay the charges and how they prove the elements of the offence without sobriety tests of a breathalyzer? Were blood sample taken? Was there a video of the event? How decent and reliable are the eyewitnesses?... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations

It was categorized as a misdemeanor and not a possession charge. I pled the first offender act Because I Don’t plan on ever getting arrested again.I live in Georgia it’s supposed to be sealed, but I don’t think it is. So I’m just wondering how I approach this question on the application for... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Sep 5, 2019

A plea under the first offender act is not a conviction, because there is no adjudication of guilt. So you can honestly say you have no convictions.

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