Posted: 8/5/2013 3:50:50 PM EDT
|
Young guy that work for me got arrested yesterday did not talk with him yet, I will do tomorrow, prolly DUI + open container in car
I'm taking care of the company internal policy in order to not have him fired, but he need a good and cheap, and cheap is the key word, any suggestion will help Btw tomorrow I will kick is arse so bad that he will keep the job but he won't be able to sit for the new two weeks Thks |
|
What jurisdiction or county? My BIL got popped at a road block in Douglas County and blew a .082. He spent $10K on George Stein and was found guilty and went to jail for a week.
I HIGHLY recommend finding a LOCAL attorney and have him plea down, if possible. The big shots don't do much more than piss off most prosecutors and judges. |
|
Quoted:
What jurisdiction or county? My BIL got popped at a road block in Douglas County and blew a .082. He spent $10K on George Stein and was found guilty and went to jail for a week. I HIGHLY recommend finding a LOCAL attorney and have him plea down, if possible. The big shots don't do much more than piss off most prosecutors and judges. I agree with this. I'd find someone with alot of experience with THAT prosecutor / judge unless there really is something to be argued. The bottom line is a DUI conviction (Not plea or 1st offender deal) is really bad to have on your record. If its his first he'll have to do community service, fines, classes etc but I don't think it'll show up as a conviction. |
|
What county are you in?
You want to find an attorney who will really read into the report, and perhaps be able to negotiate a reckless driving if he can find that loophole. Don't settle for a public defender if you don't have to, as from what I've seen they don't try as hard unless its blatantly obvious the cop screwed up. I'm in court all the time and I see all kinds of stuff. PM me if you want any court/plea info. |
|
The story is:
Yesterday evening getting out of Chattahooche at Paces Mill here in Smyrna he did not have the ticket on the dash board so parking security stop him asking for the ticket, they saw an open beer car inside the car, they called police, they ask him to perform the usual tests, not convinced they went for the breathalyzer he said no, he spent night in jail and now he's in deep s@@t gonna chk some layer here in Cobb. Got the part thet all this will be not cheap Thks |
|
Quoted:
What county are you in? You want to find an attorney who will really read into the report, and perhaps be able to negotiate a reckless driving if he can find that loophole. Don't settle for a public defender if you don't have to, as from what I've seen they don't try as hard unless its blatantly obvious the cop screwed up. I'm in court all the time and I see all kinds of stuff. PM me if you want any court/plea info. Will do thks I'll talk to him again tomorrow in the office to get more details |
|
Quoted: The story is: Yesterday evening getting out of Chattahooche at Paces Mill here in Smyrna he did not have the ticket on the dash board so parking security stop him asking for the ticket, they saw an open beer car inside the car, they called police, they ask him to perform the usual tests, not convinced they went for the breathalyzer he said no, he spent night in jail and now he's in deep s@@t gonna chk some layer here in Cobb. Got the part thet all this will be not cheap Thks |
|
If the attorney feels a jury would not convict based on field sobriety, then they'll fight it. Usually the breath test is the end all. I wouldn't submit to any test. Never say anything, deny any test. This way there is zero evidence against other than the officer saying he believes you were under the influence, which doesn't usually hold up on a DUI conviction.
Now, are these his words? or did he get a copy of the report? Was it county, city, or GSP that got him? |
|
Quoted: it takes a special kind of stupid to submit to all the optional tests and refuse the mandatory one. Quoted: Quoted: The story is: Yesterday evening getting out of Chattahooche at Paces Mill here in Smyrna he did not have the ticket on the dash board so parking security stop him asking for the ticket, they saw an open beer car inside the car, they called police, they ask him to perform the usual tests, not convinced they went for the breathalyzer he said no, he spent night in jail and now he's in deep s@@t gonna chk some layer here in Cobb. Got the part thet all this will be not cheap Thks |
|
Quoted:
If the attorney feels a jury would not convict based on field sobriety, then they'll fight it. Usually the breath test is the end all. I wouldn't submit to any test. Never say anything, deny any test. This way there is zero evidence against other than the officer saying he believes you were under the influence, which doesn't usually hold up on a DUI conviction. Now, are these his words? or did he get a copy of the report? Was it county, city, or GSP that got him? I haven't lost a DUI yet, and there have been several that have refused all testing. And I've arrested MANY for DUI. I've got a buddy I work with that used to be on one of the HEAT units for the state. He's the same way, but he is MUCH MUCH more experienced. When the defense attorneys saw his name on the report, the vast majority of them take a plea. It's gotten to be similar with me lately, I've only had 1 or 2 that has made it to a bench or jury trial in the last several years. Most plea out before they get me on the stand. |
|
guys I have the 4, yes the 4 ticket that he got
1 - refusal to submit to breath - operating under influence of alcohol 2 - failure to pay recreational fee - you can believe that 3- operating vehicle under influence of alcohol: incapable of safe operation 4- open container of alcohol in motor vehicle place of offense: Paces Mill so I believe that is Cobb so its confirmed that he's an idiot of biblical proportion, but I know him since he was 11 (26 now) and basically is a good guy, good worker and being in agreement that he have to pay for his mistakes if I can help him a little bit. he spent the night at the detention center in Roswell and then transferred to downtown ATL at the federal courthouse, so at this point better to get a lawyer in Cobb or one in Atlanta ? thks for yr comment |
|
I refused the breathalizer/etc and received no tickets other than the DUI and traffic tickets due to an accident. Cobb county, 2006.
Spent 2K on a lawyer to have it lowered to a reckless and the prosecutor wouldn't budge. With a month left of college and a family member who wasn't able to drive at the time, I pled guilty. Never went back to jail (served 5 hours), never lost my license, did the community service (40 hours) and the defensive driving class and that was that. Probation lasted 6 months. Not a huge deal, but things have changed since then from what I'm hearing. |
|
Folks, the state test of breath, blood, and/or other bodily substances does not occur until AFTER the arrest. The little handheld units you see in the field are only admissible in court on a positive or negative for alcohol basis. Two articles I wrote on DUI stuff: and |
|
Quoted:
guys I have the 4, yes the 4 ticket that he got 1 - refusal to submit to breath - operating under influence of alcohol 2 - failure to pay recreational fee - you can believe that 3- operating vehicle under influence of alcohol: incapable of safe operation 4- open container of alcohol in motor vehicle place of offense: Paces Mill so I believe that is Cobb so its confirmed that he's an idiot of biblical proportion, but I know him since he was 11 (26 now) and basically is a good guy, good worker and being in agreement that he have to pay for his mistakes if I can help him a little bit. he spent the night at the detention center in Roswell and then transferred to downtown ATL at the federal courthouse, so at this point better to get a lawyer in Cobb or one in Atlanta ? thks for yr comment Was he arrested by a National park ranger? Sounds like that might be the case. They are pretty by the book but on the other side he may not be subject to the GA mandatory DUI laws. ETA: Sent you an email with some pertinent info. |
|
more info:
A Ranger arrested him so it is a Federal DUI, he was stopped because he did not have the parking ticket ( he was on the line to get out of the parking lot), during the stop the ranger noticed the open container ( they were not drinking in the car, they had beer before he does not have a clue how the open beer ended inside the car) from there everything went downhill to deepshit, now he's already ctc lawyers. |
|
Quoted:
more info: A Ranger arrested him so it is a Federal DUI, he was stopped because he did not have the parking ticket ( he was on the line to get out of the parking lot), during the stop the ranger noticed the open container ( they were not drinking in the car, they had beer before he does not have a clue how the open beer ended inside the car) from there everything went downhill to deepshit, now he's already ctc lawyers. He will need an attorney that is familiar with Federal DUI laws, it is a different ball of wax than state. |
|
dui can be iffy.
i know a guy. and this is recent, within the last 4 years. 1st dui, guy is drunk as a skunk. sitting at home, thinks he's outta cigs, gets in his car and weaves his way to the 711 only to get busted and refused the test. after he's bailed he gets back in his truck and finds a pack of cigs on his dash... next .. he runs into the back of a local lawyer's truck and then begins to unass the area (hit and run). so he gets a very good lawyer and ends up with some fines and some probation. (should have gone to jail, thats what i've seen in cases like this but he got off) lawyer he hit was in court for the case and was pissed also. so its expensive but there are exceptions, even today to getting fucked. this was in cobb co btw. a ranger arrest in cobb its unclear to me how that works. i've heard that if you get charged in cobb by a park ranger, say kennesaw mountain area you go to cobb county court. but im not sure. |
| My "ex" brother in law drunk as a skunk passed out at the wheel, had a head on collision with another car, put him and the other occupants of the car in the hospital. He got away with wreckless driving, I guess it helped him that his father was very well connected. |
|
As a current Officer I really don't see anything he did wrong. There was no offense witnessed by the arresting officer. The Intox was refused which is legal. An open container does not show less safe such as weaving or what ever. Any just out of law school lawyer should be able to handle this
|
|
Quoted:
As a current Officer I really don't see anything he did wrong. There was no offense witnessed by the arresting officer. The Intox was refused which is legal. An open container does not show less safe such as weaving or what ever. Any just out of law school lawyer should be able to handle this You must not do DUI's much... If he was in physical control of a motor vehicle (ie, behind the wheel, motor running), then he can be charged with DUI-refusal. It does not take a less safe act to be charged with DUI. And yes, the intox can legally be refused, but the license is suspended immediately for doing so. You agree to that when you sign for your license in Georgia... |
|
OP, the advice above about getting the best attorney your friend can afford is very wise. Also, I absolutely agree with the sentiment of finding a local attorney instead of one of the big name super high dollar guys. Unless you have 20 to 50 grand to drop you wont be getting George Stein, Bubba Head, etc, you will be getting someone in their office. My experience has been that a local respected attorney is a much better choice. There are a lot of "used to be prosecutor but turned defense attorney" folks out there and by and large they do a very good job.
In my mind you need to find out if the charges are going to Federal Court or State Court. One is not any better or worse than the other, but you need an attorney who is comfortable in whichever venue your friend will be appearing. The two court systems are entirely different. There is a little misinformation floating around that i would like to address. Anyone can be charged for DUI in this state if they are in actual physical control of a motor vehicle and they are deemed impaired (either statutorily or less safe). Also, the state of Georgia requires that you submit to a chemical test if you have been arrested for DUI. If you refuse your license MAY be suspended for up to a year. If the officer fills out the DPS 1205 form and sends it into the state then you are afforded an administrative license suspension hearing prior to any suspensions. If the officer does not fill that form out or does not show up for the hearing then your license does not get suspended. If that form is filled out then the violator gets a copy which is a temporary driving permit until the hearing. For the record i am in full time traffic and dui enforcement. |
| Georgia has some of the toughest DUI laws. For instance several states allow a DUI to come off your record after a few years others don't allow employers to see a DUI conviction. But in GA it stays on your record forever, there are many employers that will automatically disqualify a potential employee if they have EVER had one. |