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Georgia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

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

John Kim
John Kim
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

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a court clerk refuse to send me my court docket or am I entitled to that information? It's for employment.

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.

Glenn T. Stern
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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

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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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

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can you get a dui if you’re in your house and there is no proof of your driving the car under the influence
T. Augustus Claus
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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

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1 Answer | Asked in DUI / DWI for Georgia on
Q: My cousin in Georgia got a second DUI while the first case was pending. How will the matter proceed procedurally.

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

Ryan Langlois
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Ryan Langlois
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

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
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James Clifton
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

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: I was pulled over for speeding and got charged with a DUI because of my Suboxone what would be the mandatory sentencing

also had a meth pipe on me but did not have any meth on me

Glenn T. Stern
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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

1 Answer | Asked in Car Accidents and DUI / DWI for Georgia on
Q: Is an accident, red eyes, odor of alcohol and swaying enough to arrest for probable cause?

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?

James Clifton
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James Clifton
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

1 Answer | Asked in DUI / DWI for Georgia on
Q: What happens at ALS hearing? Do lawyers negotiate with police day of or does it happen prior to?

Does hearing get waived?

Glenn T. Stern
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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...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What is the DUI court process in state court in Georgia? Can a plea be negotiated at arraignment?
Glenn T. Stern
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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...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What happens at a bench trial for a DUI? Am I risking harsher punishments by not working out a plea deal?

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.

Robbie Levin
Robbie Levin
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

1 Answer | Asked in DUI / DWI for Georgia on
Q: Anyone in Georgia - what is the typical DUI court process? Arraignment and then what? Pre trial?
Glenn T. Stern
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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

1 Answer | Asked in DUI / DWI for Georgia on
Q: What exactly is a bench trial and is it common to go right from arraignment directly to one for a DUI? Pleas anywhere?
Glenn T. Stern
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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...
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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Would a dwi with a non-injury hit and run be put on my record as a felony or misdemeanor. This happened in 1984.

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

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
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.

1 Answer | Asked in DUI / DWI for Georgia on
Q: My lawyer hasn't contacted me in a year and now I have court tomm..Should I fire him?

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.

Robbie Levin
Robbie Levin
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...
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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Georgia on
Q: Arrested for dui in nov. spent 24 hours in jail. Bonded out. Never saw judge. Arrested again dui in march. Totally sober

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?

James L. Arrasmith
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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...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: If you get pulled over and charged with a DUI of Suboxone plus a meth pipe but no drugs and a speeding ticket
Joshua Schiffer
Joshua Schiffer
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!

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Georgia on
Q: is it illegal to drive with my right brake lamp out?
Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes. You are subject to being stopped as well as citation.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Please help me get this off

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

Robbie Levin
Robbie Levin
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

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