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Georgia DUI / DWI Questions & Answers
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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1 Answer | Asked in DUI / DWI for Georgia on
Q: When can the registered owner regain possession of the seized vehicle?
Robbie Levin
Robbie Levin answered on Sep 1, 2019

Generally within a day or two, unless they are holding the vehicle as evidence, or filing a forfeiture claim. However, that would be very unusual for a DUI case.

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

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

2 Answers | Asked in DUI / DWI for Georgia on
Q: How long will my License be taken for an under age dui
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 9, 2019

If under 21 it may be suspended for a year. but that is only if you get convicted. sometimes your lawyer can identify problems with the case which can let you plead to a leaser charge or obtain a not guilty verdict at trial.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: 2 DUI convictions since 2014. I am unable to register a vehicle in my name even though I have a valid georgia license.

2 DUI convictions since 2014. After the first DUI I received a permit to and from work. I received the second DUI while driving on the permit. I have met all the courts requirements. I have a valid georgia driver's license but when I try to register a vehicle a red flag pops up. The courts... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 13, 2019

Under Georgia law, if you have 2 or more DUI convictions, you are required to have an Interlock Ignition Device installed on your car. If you do not get it installed, you will not be able to get a new license, unless you can show you cannot install the device due to undue hardship.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can they arrest you for dui with no evidence

All they did was make her walk a straight line

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

Without knowing more it is difficult to answer this question. The officer should take into account any driving manifestations as well as personal manifestations. Although typically it is required to do all the Standardized Field Sobriety Tests, sometimes the officer can arrest with less BUT you... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: If someone was to get pulled over an arrest for dui but the officer did not have his hat on would it be leagal to arrest

Was wondering if it was leagel to be arrest when he had no hat on

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jul 1, 2019

The officer does not have to wear his cover (or hat) to make an arrest for DUI.

2 Answers | Asked in DUI / DWI for Georgia on
Q: My fiancé was taken to jail for a dui there was no breathylyser no walking a straight line nothing found in the car

No test or anything done at the jail can they do that

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 1, 2019

A police officer can arrest a person for DUI even when they refuse a breathalizer. The officer can arrest for DUI if based on their training and experience a person: has bloodshot eyes, smells like alcohol, was swerving or driving erratically, or had slurred speech.

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2 Answers | Asked in DUI / DWI for Georgia on
Q: Can a police officer in another county legally take you to jail for a dui especially when no test for a dui were done
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 1, 2019

An officer in another county can arrest you for DUI. The officer, based on his training and experience can determine that you were DUI based on: slurred speech, stumbling while walking, bloodshot eyes, or smelling like alcohol. If you refuse the breathalizer, the officer can still arrest you for... Read more »

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Is the defendant allowed access to test results prior to court date involving a DUI charge in the state of Tennesse?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 20, 2019

You will need to post this question in a Tennessee "ask a lawyer" section instead of Georgia. If it was Georgia, the only way to get test results that the officer does not give to you is through the discovery process.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on
Q: State of GA has GA CODE 40-2-136 warning and I cannot be issued a temp of license plate how do I resolve this issue?

I did not have any vehicle's registered to me at the time of the conviction.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

Generally this code section involves a number of charges for DUI resulting in a suspension of your license plates. Without knowing more about your previous charges it would be difficult to answer. The bottom line however is that you may be able to get a probationary driving license and then get a... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on
Q: I got pulled over and arrested for speeding and possesion of less than an ounce of marijuana. Will I lose my CDL?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

What speed were you traveling and what was the speed limit? Those have a lot to do with the answer to your question in relationship to points that you can get awarded which would affect your CDL. Technically the Marijana shouldn't affect your CDL but you will still want to try and keep it off your... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: How would I go about getting someone out of jail on a probationary hold
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

If someone is in jail on a probationary hold you will have to find out what the hold is for AND then take care of that matter.

2 Answers | Asked in DUI / DWI for Georgia on
Q: I got a DUI in 2013, even with no alcohol or drugs found in their drug test. Is there a way to have this expunged?

The court said it was my daily medicine that did it. I told the officer I have epilepsy.

Samantha Embry
Samantha Embry answered on Jun 3, 2019

If you plead guilty, this offense cannot be expunged.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a DUI- Drugs license suspension be served on top of an Administrative License Suspension for refusal to test?

My boyfriend got a DUI-Drugs in November of 2017. He had his hearing and sentencing in April, 2018. He also refused to do a blood test, which is a hard 12-month license suspension. He served this and got his license back January, 2019 no problem. April, 2019, we got a letter in the mail from DDS... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 20, 2019

A DUI suspension, first offense in 5 years, license will be suspended for 12 months. However, at the end of 120 days, the driver can apply for reinstatement if all the following conditions are met:

- Suspended for 120 days.

- Present a Certificate of Completion of a DDS approved...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: under age dui (40-6-391k) in GA but from OH, Wonder if priors for OH will show up for GA. First offense in GA

Was cited for Under age dui .02 or more in GA. Priors are ovi as a juvenile and 2 ovi charges as an adult. Failed for thc and alcohol in all cases, currently on non reporting probation and sr22 license bond. Any advice is gratefully appreciated

Ecleynne Mercy
Ecleynne Mercy answered on May 20, 2019

A criminal proceeding involving a prosecution for a DUI, evidence of the commission of another DUI on a different occasion by the same accused shall be admissible when:

(1) The accused refused in the current case to take the state administered test and such evidence is relevant to prove...
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