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Georgia DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: My husband is post to turn his self in and do 24 hrs if he didnt turn himself in and they put a warrant out for him

He also has a in state warrant for indiana can they hold him for that or will he still juat do 24 hrs like the judge ordered what can happen

James Thomas
James Thomas
answered on Aug 18, 2017

Most likely, the jail will see the warrant, contact the issuing agency in Indiana, and verify whether it is a warrant that Indiana will request extradition for. Maybe, maybe not. If not, GA might release. If so, the extradition process will start. Would be smart to engage lawyers in both states.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I am a CDL class A driver. I was stopped at a check point. My eyes don't dilate properly at night. Do I have a case?

I gave blood to prove my innocence. I was tired from working all day and apparently failed their field test. I was put in a cell for over 12 hours with no phone call and never received my Miranda rights.

I was fired from my job this morning pending the results. No company will hire me... View More

William C. Head
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answered on Aug 14, 2017

They also read (after ARREST) your some legal rights, asking you to submit to a test of blood, breath or urine. If you did not take that implied consent test, then it is your word against theirs.

As a CDL driver, you are taught to never refuse a state-administered test, that helps you prove...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Will I be drug tested on my final court date for diversion?

I'm trying to find out if they will drug test one last time after completing diversion. I am trying to save money and my blood tests are very expensive.

William C. Head
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answered on Aug 8, 2017

I'd plan on it. That way, if it does not happen, you are pleasantly surprised. In 41 years, u have seen dozens of people guess wrong

Not smart, in light of the consequences.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was charged with dui per se and dui less safe I was also charged with 2 dui child endangerments & obstruction misd

even though I was not behind the wheel of the vehicle it had a flat someone was changing no rights were read i was slammed and messed up bad bruised for days after I was drunk when they arrived and no questions asked 2 cops slammed me on the hood in front of my kids and indicated me on 8 charges... View More

William C. Head
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answered on Aug 3, 2017

Police do not have to see you DRIVE. Circumstantial evidence can be enough to convict.

The case cannot be analyzed from YOUR description. The police report, video(s) and police testimony will likely fill in a lot of GAPS in this story.

Of all DIFFICULT cases for drunk driving, none...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: If I refuse to take a blood-alcohol test, will that be used against me in court?
William C. Head
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answered on Aug 3, 2017

Likely, but not 100% known, from such limited facts. Georgia implies consent law under 40-5-67.1 calls for use of refusal evidence (in an administrative driver's license suspension action) to totally bar you from driving for a full year, if you lose that non-criminal proceeding. A new July 1,... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was not involved in any accident but have a DUI last sunday.My car registration expired too which i'm not aware of.

I need to know what my options are.I already renewed my registration very next morning.

William C. Head
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answered on Aug 1, 2017

You already started being your own lawyer, by going to GA DDS and getting new license. You may have committed a felony, if you falsely applied, on their form for a replacement license.

Call a skilled DUI lawyer.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: How can a person be charged DUI twice in the same traffic stop

2008 in GA

Robbie Levin
Robbie Levin
answered on Jul 22, 2017

The person was likely charged with alternative counts. One count being per se(.08 or higher), and the other count being the Less Safe Driver.

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

1 Answer | Asked in DUI / DWI and Employment Law for Georgia on
Q: I live in Georgia. Had a dui case in California 2007. Backgroung goes back 7years will it show up in 2017 from 2010.

Got license in Georgia now because California release the license through a clearance letter.

William C. Head
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answered on Jul 20, 2017

Depending on the database access of the search company, possibly so. On their website, Georgia DDS only reports Georgia drivers' license records for 7 years, but keeps up with your LIFETIME offenses.

Plus, no matter what types of STATE record restrictions put in place (also called...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: How can i find case precedents?

My 2 year-old child was placed in a car with a dui driver by her mother. Both adult parties were intoxicated. The driver was arrested but not the mother. I am going to peruse charges against the mother for placing her in the car. How can i find cases that have similar circumstances to prove that... View More

William C. Head
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answered on Jul 9, 2017

Try using Lexis-Nexis and their free search for Georgia cases involving "child endangerment."

1 Answer | Asked in DUI / DWI for Georgia on
Q: I "earned" a DUI in 2001 and I cannot remember what county it was served? I have to have documentation for my employer.

The employer needs to know it was taken care of

Robbie Levin
Robbie Levin
answered on Jun 21, 2017

A lawyer should be able to help you track down the paperwork.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Do I have a right to have an attorney present if I'm stopped for a suspected DUI?
William C. Head
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answered on Jun 20, 2017

Not in Georgia, or any other state, at the scene. No right to stop the investigation, and get advice. You need to KNOW your legal rights, including:

1. SHUT UP. Don't talk. Don't answer ANY questions, except name and address.

2. Only get out of the vehicle once ordered to...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: 2yrs old case. DUI. My son live in TX. Case should have been closed. He has a new court date. Don't know what to do.

Son had one drink at a restaurant. Did not even drink it all. He passed out while driving and hit two cars. No one was hurt but him. Both parties was paid good by the insurance company. He woke up handcuff to a hospital bed. He spent about 6 days in jail. Because he was driving a friends car. The... View More

Kelly Case
Kelly Case
answered on Jun 16, 2017

Have your son call my office at 866-822-7352. We have many different types of payment plans, depending on the underlying test that was performed. Since you mentioned that your son was in the hospital, I am guessing that this may be a blood draw DUI. If so, then those are very complex and require... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: 3rd dui in 5 years

Took a plea and requires me to have ignition interlock but I do not own a car how is this possible

Kelly Case
Kelly Case
answered on Jun 5, 2017

Because the courts are run by judges with experience in dealing with people claiming they do not "own" a car and know that it is very unlikely that you do not have access to or are using a vehicle on a regular basis. I heard this 2 times a day from people that thought they were going to... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: If I live in Florida but was charged for DUI in GA two years ago do I obtain FL or GA lawyer?

Charged with DUI, driving with license suspended, controlled substance. I was pulled over pled the fifth and did not have any controlled substance on me at the time. Was charged in 2014, bailed out. Contacted court several times and they could never pull anything up in their system. Received no... View More

Thomas Tripp
Thomas Tripp
answered on May 30, 2017

You always want to retain a lawyer from the Jurisdiction where the case is pending -- The Georgia lawyer fluent in DUI and criminal practice, should be able to look it up your case immediately and advise you how to proceed.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is driving while on prescribed methadone illegal in Ga.
Kelly Case
Kelly Case
answered on May 29, 2017

If you are determined to be impaired by drugs or alcohol while driving then you can be charged with DUI. Having a prescription is irrelevant.

www.JudgeCase.com

1 Answer | Asked in DUI / DWI for Georgia on
Q: How do I get a mandatory interlocking device required through the state of Georgia waived?

I was convicted of 3 dui's in Georgia in 2015, on June 3rd I'll be eligible to reinstate my driver's license in Georgia. I don't live in Georgia! I currently reside in Alabama. I need to legally reinstate through Georgia to obtain an Alabama license. The Georgia DMV states that... View More

William C. Head
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answered on May 27, 2017

Your best bet is to hire a DUI specialist for this question. Getting a waiver requires the person to have completed all conditions EXCEPT interlock, and then have waited the requisite time for reinstatement.

Larry Kohn is one lawyer who will know how to unravel your dilemma, if your...
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2 Answers | Asked in DUI / DWI for Georgia on
Q: How long can you serve in jail for dui with pot? They are saying 2 yrs. Is this correct

My grandson is 20 first offense..never had lawyer.Got probation but failed 2 drug test for pot.He is now in jail. Any advice

William C. Head
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answered on May 27, 2017

This depends on the amount, the criminal record of the offender and the county prosecutor.

Obviously, this person needs an excellent criminal defense attorney.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: I can't get a license in Florida because of a Georgia DUI - what do I do?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2017

Much more information will be needed. You should call an attorney who handles DUI as a legal specialty.

Call 404-567-5515 and ask for Larry Kohn.

William C. Head

1 Answer | Asked in DUI / DWI, Civil Litigation and Traffic Tickets for Georgia on
Q: Can the County give an infraction to a visitor, even if the visitor is from a U.S. territory?

The person driving the vehicle is not the owner. He was visiting family in the state of GA and was unaware of this particular law (Chapter 6, Article 8 -School Buses). He doesn't even have a state drivers license, but one from a U.S. territory.

Kelly Case
Kelly Case
answered on May 25, 2017

Yes, the county can cite anyone for a traffic infraction, whether they have a driver's license or not, own the car or not, or are here from another country. The fact that they did not know what the law was is not a defense.

www.JudgeCase.com

2 Answers | Asked in DUI / DWI, Car Accidents and Insurance Defense for Georgia on
Q: Need help

My wife's brother left his vehicle at a person's house so that a flat tire could be repaired, but found out that it had been taken by a family member under the influence of drugs and who did not inform the owner of the vehicle thus did not have consent. She then drove it ending with her... View More

Kelly Case
Kelly Case
answered on May 25, 2017

I believe you are asking if someone who took another's vehicle without consent and was involved in a serious accident, would the owner of the vehicle be liable? If that is your question, then yes, the owner could certainly be held liable under certain circumstances. There is no "yes"... View More

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