Legal Question in DUI Law in Georgia

marijuana pipes

I was recently given 12 months probation for having a pipe in my car. on the ticket the police officer said that he found marijuana. the courts here in georgia have just given a woman the same probation period and fines that they gave me for basicly killing a child that she left in her van last summer when it was 90+ degrees, how can the two diffrent cases be givin the same sentance...


Asked on 2/08/01, 10:57 am

1 Answer from Attorneys

J. Michael Mullis J. Michael Mullis, Attorney at Law

Re: marijuana pipes

I know nothing about the child death case and cannot speak to it specifically. I will tell you about sentencing in Georgia generally. Almost all misdemeanors have a maximum of twelve months jail sentence (most or all of which can be probated) and a $1000.00 fine. If you pled or were convicted at trial of misdemeanor marijuana (first offense and less than one ounce), you legally could receive the above sentence. You must also be aware that if you did not receive first offender treatment or did not enter a plea pursuant to the First Offender Act, you will also lose your driver's license for a minimum period of 180 days.

Felonies on the other hand carry a minimum sentence of one year and, in the case of serious crimes such as murder, can carry mandatory life sentences (and can even be a death penalty offense). In many instances, all or a portion of the sentence can be probated. Fines range anywhere from $750 up to a hundred thousand dollars.

Hope this helps.

J. Michael Mullis

The DUI Guy

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Answered on 3/21/01, 7:49 am


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