also had a meth pipe on me but did not have any meth on me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
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?
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
Does hearing get waived?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Have an attorney who waived my arraignment and put me directly on a bench trial without knowing my BAC or anything else about my case. Other attorneys in the area are telling me this is not normal.
answered on Mar 8, 2023
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023
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
Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... View More
answered on Aug 29, 2022
The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching... View More
I got a reckless driving and street racing charges on my record, but my car wasn't damaged and no one was injured. I'm currently out on bail. My DDS dashboard says my license is valid and when I called them the lady on the phone said that it also shows it's valid on her end. Does... View More
answered on Jul 17, 2022
In Georgia an under 21 years old's driver's license is not suspended just merely based on the issuance of a reckless driving charge. If you are convicted of the reckless driving you will suffer a 6 month license suspension. A lawyer may be able to help you avoid the suspension by... View More
answered on Jun 23, 2022
Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.
O.C.G.A. section 35-3-37(j)(4)(A)... View More
I live in Georgia. Single vehicle. No witnesses.
answered on Jun 21, 2022
Sometimes cases do get lost in the shuffle, but it's never something to rely upon.
The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.
Otherwise, see if you can find... View More
answered on May 3, 2022
You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.
The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and... View More
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!
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
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
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
