Users' questions

Can you fight a DUI in Georgia?

Can you fight a DUI in Georgia?

Yes, you will need a DUI lawyer who is experienced in fighting and dismissing charges at the same local court your own case will be held at. But not all lawyers are the same and effective in the DUI area of Georgia Law.

Why would you plead not guilty to a DUI?

If there was no probable cause to stop, detain or arrest a defendant for DUI, the evidence and the case may be subject to dismissal. If the police do not have a reasonable suspicion or belief that you are engaged in criminal activity before they stop a vehicle, then the traffic stop was conducted illegally.

Is nolo a conviction in Georgia?

It is important to note the nolo contendere plea (also called “nolo”) acts as a conviction. Additionally, a nolo plea will not reduce punishment ordered by the sentencing judge, you will have the same punishment as if you had plead guilty.

What happens if you plead nolo contendere?

A no-contest plea, known often by its Latin name “nolo contendere,” has the same primary legal effects as a guilty plea. If you plead no contest to a criminal charge, you will have a conviction on your record, just as though you had pleaded guilty or been convicted after a trial.

How long does DUI stay on record in Georgia?

A DUI Conviction in Georgia Stays on Your Criminal Record Forever. For sentencing purposes, however, there is what is called a “look-back period.” For many states, this look-back period is only five years.

How much does it cost to fight a DUI in Georgia?

Legal fee: Cost $2,000- $25,000. Some lawyers charge as little as $1500 for a quick plea but with so much at stake, many people accused of DUI fight the charge.

Is it worth fighting a DUI?

The answer is yes. It is always worth getting a lawyer for DUI, DWI to help get the case dropped and win in court. A driver absolutely should hire the best affordable DUI attorney nearest their location to establish a strong defense and prevent a license suspension in time.

What happens on your first DUI court date?

If you plead guilty at Arraignment, you may be sent to jail right there, as a first time DUI charge carries a mandatory minimum 24 hour jail sentence. If you plead Not Guilty, you will be released with conditions and can go home after court. Your actual court time in front of the judge will range from 2-10 minutes.

How many times can you plead nolo in GA?

You can choose to plead nolo once every five years. Even if you are eligible to use a nolo plea, the judge has discretion whether or not to accept the plea.

What is the penalty for a first time DUI in Georgia?

When someone has a first DUI in Georgia they face the following potential penalties: 12 months of probation. A minimum fine of $300 plus court costs and surcharges. Between 1 – 10 days in jail, which many times can be waived.

Is it bad to plead no contest?

Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you. Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment.

Can you plead nolo contendere to a DUI charge in Georgia?

In addition, a nolo contendere plea for a DUI is treated as a conviction and the penalties are exactly the same as if you entered a guilty plea or were convicted after trial for DUI. As a practical matter, most Georgia judges simply will not accept a plea of nolo contendere to a Georgia DUI charge, regardless of a defendant’s circumstances.

Can a nolo plea be accepted in Georgia?

Most Georgia judges will no longer accept a nolo plea to DUI; however, if your Georgia DUI Attorney can convince a court to accept the pleading, there is still one benefit.

What can a nolo plea do for a DUI?

As mentioned above, a nolo plea does not admit civil liability. In the event a DUI driver injures another person or causes property damage, the nolo plea can be used to limit civil damages.

Can you plead nolo contendere to a moving violation in Georgia?

A nolo plea for moving violations can avoid points assigned to your Georgia driver’s history, if it used only once every five years. A nolo plea may also help avoid an additional license suspension for certain offenses such ad Driving While License Suspended and No Insurance.