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#1
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First time DUI in GeorgiaWhat is the name of your state (only U.S. law)? Georgia. I got a DUI (1st time, .255 BAC by breathalizer- don't have any recollection of getting in the car) on 7/5. I have been barraged with letters from attorneys saying that I have 10 business days to request an Administrative Hearing or my license will be automatically suspended. The Sheriff's Dept. did not say anything about that, they merely gave me DS 1205 to drive on. The form however does have information about the hearing and the letter that must be sent requesting a hearing. The language on the form seems to be intentionally unclear as to who must request the hearing. The only other criminal history I have is a misdemeanor from 1979. Do I need to request this Administrative Procedures hearing? If so can I submit this letter myself? Is my medical history a factor in this incident? Thanks |
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#2
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| At .25+ I'm not surprised you have no recollection, that's well into the alcohol toxicity range. You don't have to request the hearing, it's just your due process for avoiding the administrative suspension of your license. You can file the request yourself, but I suspect you're not going to be very effective at the hearing without counsel. In Georgia, these hearings involve the arresting officer so a lot of the DUI lawyers will use it as a minidiscovery phase as part of the overall DUI defense. I think you can get your restricted licensed greased at the hearing even if you do get suspended. I'm not sure what "medical history" you are referring to, but there isn't likely to be anything the exculpates an driving with an excessive BAC like that.
__________________ I'm not a lawyer, but I did stay in a Holiday Inn Express last night. |
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