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?
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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
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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
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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
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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
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.
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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.
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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.
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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.
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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.
Have an attorney who promised me an outcome and was bragging about knowing the judge and prosecutor
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answered on Mar 28, 2023
It's always better to have a good relationship over a bad one with someone when it comes to trying to work problems out. That's true in life and in the law. That being said, I generally do not believe in a "crooked system" where lawyers and prosecutors are collaborating to... View More
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answered on Mar 23, 2023
No. Some states do have enhanced penalties built into their DUI laws for hire BAC contents, but Georgia is not one of them.
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