I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I’m not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess.
Is there any way to take care of my Cobb County DUI without having to appear in Court. If not, is there any way to schedule my hearing first thing in the morning or in a Judge’s office?
Answer: All DUI’s must be disposed of in open Court. If you do not want to personally appear, you can give your lawyer a Power of Attorney to handle your plea in your absence, including paying your fine and getting your probation set up. However, the first DUI sentence often requires the Defendant to serve a minimum of 24 hours in jail.
Filed under Pre-trial actions, Punishment issues, Trial issues by on Mar 9th, 2006. 1 Comment. 
How long does a DUI stay on my driving record? Does it count as a second DUI if I got my first one 10 years ago?
Answer: DUI is a criminal offense and will stay on your criminal record forever. Every DUI you receive throughout your lifetime will be on your record. I recently represented a gentlemen on his 7th DUI, and all prior 6 offenses were in the 1960′s, forty years ago. For the purposes of sentencing, the law goes back for 5 years. In other words, if you receive 2 DUI’s in the past 5 years, then the sentence will be greater, as required by law.
Filed under DUI laws, Punishment issues by on Mar 6th, 2006. 1 Comment.
I am 19 years old and was arrested for DUI. They didn’t take a blood test but I had been drinking some at a friend’s house.
Should I plead guilty? What’s the worst that can happen to me? Would you recommend that I ask for a trial?
Georgia DUI blog asked Marietta DUI lawyer Guy Sharpe to respond to this question. Guy’s response: There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations. I will address some of the obvious.
- Do you feel that your actions when arrested will cause others to think you are under the influence? After all, some people are more easily affected by alcohol than others.
- Do you think you did well on the field sobriety tests? If yes, that’s good.
- Did you take a breath or blood alcohol test? If so, what was the reading. The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit. In that case, the cop was a cowboy and we got the case dismissed and record expunged.
Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI. The most important thing you can do is employ the services of an experienced DUI attorney.
I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations. If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.
Filed under Punishment issues, Trial issues by on Mar 3rd, 2006. Comment.
I got arrested for DUI and I am guilty. I was drinking at a bar for several hours. What is going to happen to me? Is there anything you can do for me?
Answer: Yes, it is important to know your rights when negotiating a plea, and how you may avoid jail time. Remember, the Prosecutor and Judge are not there to advise you of your rights, and they frequently will recommend that you have an attorney to make sure that you are apprised of the consequences of your plea.
Filed under Pre-trial actions, Punishment issues by on Mar 3rd, 2006. Comment.
