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Georgia DUI / DWI Questions & Answers
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
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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... View 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... View 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... View 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... View 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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1 Answer | Asked in DUI / DWI for Georgia on
Q: June2015=Dui, still no court, how long is this viable? when will they throw it out?

also, 2017=dui, they are trying to try the two cases together... is this legal?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 30, 2019

There is a two-year statute of limitations applicable to the prosecution of a defendant on charges of driving under the influence. The time begins to run on the date the offenses were committed. O.C.G.A.§ 17–3–1(d), 40–6–391(a)(1), (5).

1 Answer | Asked in DUI / DWI for Georgia on
Q: I received a DUI-D(dui of Rx w/in 8hrs of taking prescribed meds) Can I get my license w/out taking Risk Reduction class

DUI-D was on Dec 2, 2012

never had a DUI previously

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 30, 2019

I will need more information, however, for the purposes of a plea, if you plea to a DUI you are required to take classes as a condition of your DUI probation. Now, if you want to fight the case then that requirement will not be necessary.

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can I be charged with DUI with no blood/alcohol test performed and being parked in a public parking spot.

Was not offered a breath test. Was not driving.

I was parked in a spot with vehicle not in operation.

Samantha Embry
Samantha Embry
answered on Apr 28, 2019

The short answer is, yes. You can be charged with a DUI if you are in control of a vehicle at the time an officer stops you. I suggest you seek representation.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: What year did Ga law change ineligibility of dui to plead first offender? I understand that current law prohibits dui co

I plead nolo to dui received in 2010 and know the judge granted me a first offender and I completed my probation. Now, it's 2019 and I'm being told ga law prohibits that possibility. Has that changed just since 2010 in Georgia

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

It is generally accepted under Georgia law that first offender treatment is unavailable to persons who are convicted of DUI (including those who plead nolo contendere). Sims v. State, 214 Ga. App. 443, 448 S.E.2d 77 (1994)

Moreover, Georgia law does not contain any “deferred...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui in 2015 and i was put on probation for it and i havent reported or paid the fine yet what do i need to d
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

Get an attorney. You will need to know if there is a probation warrant, then whether your probation tolled, and etc. An attorney will be able to review and tell you what is best for YOUR specific case, with YOUR specific set of facts, in the COUNTY, that it happened and YOUR actual probation... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a limited permit (2nd dui, interlock). I got a speeding ticket. If I plead guilty will my license be revoked?

Is there any way for that not to happen? I have to go to court in a weekand just found out the legal consequences

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

I would need more information. I think your biggest issue may be if your probation would be affected. Make sure of that first. In addition, the amount of speeding will definitely be needed to answer whether or not your license will be revoked.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is it possible to get a resteicted license or some form of license to get to work if DUI was recieved in Georgia

I have a 1 year suspention on my license

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

If you plead guilty to DUI, and it is your first conviction in Georgia within five years, you are immediately eligible for a Georgia temporary driving permit. DUI driving permits known as a temporary or limited driving permit in Georgia will be valid for 120 days from the date of the conviction. In... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does a limited or restricted driving permit as a result of a DUI include the use of a motorbike if you don’t own a car?
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

Mopeds

A moped is defined as any motor driven cycle with an engine not exceeding 50cc (3.05 cubic

inches). Mopeds are exempt from the provisions relating to the registration and licensing of motor

vehicles.

Rules to operate mopeds on Georgia roads and highways:...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: Can you pass a car impeding traffic

Jsjxjc

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

“All drivers of vehicles using the highways are held to the exercise of due care. A leading vehicle has no absolute legal position superior to that of one following. Each driver must exercise ordinary care in the situation in which he finds himself. The driver of the leading vehicle must exercise... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 8, 2019

The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.... View More

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Immigration Law for Georgia on
Q: Summoned to court for driving w/o US license but had out of country Lc. What will happen to illegal in Augusta ga?

Greetings ,

I would like to converse with a driven dedicated law firm team about a loved ones current situation.

He received 2 tickets and summoned to appear in court soon. He received a "driving without a license" and also a "open container " ticket. He... View More

David Edward Boyle
David Edward Boyle
answered on Feb 26, 2019

Hire an attorney in Augusta who handles traffic tickets and who can probably appear in your husband's absence.

1 Answer | Asked in DUI / DWI for Georgia on
Q: GA Failed breathalyzer test 1st dui got 1 yrs probation judge gave me a limited permit 2 drive. But dmv said i I refused

The breathalyzer and now had a dui als and a dui that show in the DMV system. But that’s not true. What do I do. The cop gave me a paper when I went to jail that said I could drive for 45 days because I did the test. An the judge gave me the paper saying I could get a limited driving permit for... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 21, 2019

It sounds like you did not appeal the suspension of your license. When the arresting officer gave you the 45 day permit, you had to appeal that in order to keep your driver's license. It sounds like you did not appeal that, and, thus, your license was suspended for 1 year.

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