Get free answers to your DUI / DWI legal questions from lawyers in your area.
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 
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.
Have an attorney who promised me an outcome and was bragging about knowing the judge and prosecutor
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Yes, generally speaking, an attorney will attempt to negotiate a deal on a case short of a trial. Negotiations can begin at any time (including during pre-trial motions) and may continue right up until the last moment; there's no specific rules governing when they must happen.
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
I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia. My blood test had a BAC of .045 and the controlled substance is from Adderall which I am prescribed. The night of the stop I went through a yellow light that turned red. I did not submit to the field... View More
answered on Jan 11, 2023
It is not possible for a lawyer to advise you whether to enter a plea or go to trial without a thorough examination of all the evidence. I have no idea what evidence you may have given through your own statements. I have no idea what other evidence may have been found at the scene. My guess is... 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
he was not arrested. it was a 4 wheeler wreck on a dirt road. no property damage to anything else, no one was riding with him. the wheeler just snapped off.
answered on Aug 18, 2022
If the person consented or was too injured to consent, then yes.
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
The code on his citation is 40-6-391.3 DUI - Driving school bus under influence
answered on Jun 19, 2022
That code section specifies an increased penalty for DUI while driving a school bus.
Your husband may still nevertheless be culpable for DUI with the more typical penalties.
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 Apr 12, 2022
It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.
My license has not been suspended
answered on Feb 7, 2022
Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.
The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.
What's can I do ?
answered on Nov 22, 2021
Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.
Feel free to email me to talk about setting up a retainer... View More
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.
