Get free answers to your DUI / DWI legal questions from lawyers in your area.
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
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
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.
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
Would someone be able to get a dui charge dropped do to the weather?
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
In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?
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
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
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
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
How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?
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
also had a meth pipe on me but did not have any meth on me
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?
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
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
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
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
I live in Georgia and the offense was in Louisiana. Otherwise my record is clean except for a few traffic tickets in the mid 90’s
answered on Oct 16, 2024
You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.
Court appointed attorney hasn't communicated with me at all..nothing in a year.
I got a messagefrom the courts I have court tomm and still haven't heard from him.
answered on Oct 6, 2024
I suggest you call your lawyer. If it’s an arraignment, your lawyer may have filed a waiver, and you might not need to appear in court. The clerk could probably also tell you if a waiver has been filed.
Otherwise, you need to appear in court. Hopefully your lawyer will be there, and... View More
Spent 24 hours in jail. Bonded out. Saw no judge warrant issued next day spent 24 hours in jail released with scram saw no judge 4 months later still no judge?? Are my due process rights and civil rights violated?
answered on Jul 27, 2024
It's understandable to feel concerned about the situation. Your due process rights include the right to a timely hearing, and the fact that you haven't seen a judge despite multiple arrests could raise questions about whether these rights are being upheld.
Each state's laws... 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?
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