Legal Question in DUI Law in Georgia

I was driving drunk and I ran over the mail box of my house so someone called the police and I went to jail,my bound was $1,556 my question is, what can I do to not get probation?

Asked on 2/18/14, 4:22 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you are convicted or plead, you are required to get a 12 month sentence. If you don't want probation, you could ask the judge to do 12 months of jail instead. The only other way you would avoid probation would be if you were not convicted. As to whether you have any defenses, you should talk to your lawyer. You have already potentially hurt your case by admitting to a crime on the internet (with your post here), which police, and prosecutors may see. With your zip code and all the details you posted, it would be easy for them to know who confessed online.

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Answered on 2/18/14, 4:36 pm
Parick Kunes Kunes Law Office

You may have a defense if the officer or neighbor never saw you driving. Also, depending on whether you submitted to field sobriety testing, and what manifestations of intoxications the arresting officer observed, you may be able to assert they had no probable cause to arrest you for DUI. I have represented clients in Statesboro who were not given the chance to do field sobriety testing; the officers just asked them to blow into their handheld alcosensor device. In cases like these, the numerical alcosensor result is not admissible (only positive or negative for alcohol) and there is little evidence to provide the officer probable cause. There are also possible defenses based on untimely or improper reading of the Georgia Implied Consent notice. It is hard to tell what defenses might apply based on what little info you have provided. You should contact an attorney who specializes in DUI defense for a free consultation.

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Answered on 2/18/14, 5:09 pm

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