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DUI ... In 2010 In Atlanta

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What is the name of your state? Georgia

Hey guys, long story short, I got pulled over in Atlanta, GA in 2010 and got arrested for a DUI, I never went to court for it and left the state, well as January 2019 I began College and pursuing my degree, well then this covid 19 19 stuff happened and my school has been closed for some time now, so I decided to get in contact with the court near my offense back in 2010, I got ahold of them and they told me I had a bench warrant for my arrest, I then asked them what I needed to do to clear the warrant, they said pay the fines and you'll be set another court day, well went up there to pay the fine 2800 (DUI AND FAIL TO MAINTAIN LANE) I then was given the papers to get my license back and the requirements to do so, I was told to do a DUI School and Pass which I did, pay a reinstatement fee (500) which I did, and I got my license back.

So all there is now is the court date coming up, I'm curious about what I'm in store for when I go to court? (NO I'M NOT SKIPPING AGAIN LOL LOL)

So the question is what could possibly be my sentencing for the DUI (First and Only DUI OFFENSE / I was swaying between lanes is the reason for the stop, no accident or nothing like that) Since I did all the requirements and paid all the fines and got my license back?
 


FlyingRon

Senior Member
A lawyer would be advisable. You could very well be going to jail over this. There's currently a 24 minimum sentence on first offense in Georgia. I don't know if it applies back when you were charged. You could (unlikely) be sentenced for up to a year.
 
A lawyer would be advisable. You could very well be going to jail over this. There's currently a 24 minimum sentence on first offense in Georgia. I don't know if it applies back when you were charged. You could (unlikely) be sentenced for up to a year.
IT WAS A DUI LESS SAFE, SO? So according to this, no jail time is required?
Thus, a critical distinction exists between DUI less safe offenses and DUI per se offenses
(where a person had an alcohol concentration of .08 or more) concerning a 24-hour minimum jail requirement.
It is clear under Georgia law that no jail time is required for a DUI – less safe conviction.
 

quincy

Senior Member
IT WAS A DUI LESS SAFE, SO? So according to this, no jail time is required?
Thus, a critical distinction exists between DUI less safe offenses and DUI per se offenses
(where a person had an alcohol concentration of .08 or more) concerning a 24-hour minimum jail requirement.
It is clear under Georgia law that no jail time is required for a DUI – less safe conviction.
You have a problem in that you never appeared originally in court on the DUI and a warrant was issued. Courts don’t like that.

I suspect that you will wind up with probation and no jail time, but that is my suspicion only. It sounds as if you have already completed on your own most of the standard terms of probation in advance of the hearing (e.g., fines, DUI classes). That’s a positive. You could still be ordered to complete 40 hours of community service.

I agree with FlyingRon, though. You would be smart to have an attorney appearing with you in court.
 
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FlyingRon

Senior Member
Lose the attitude. There's no real charge of "DUI less safe" or "DUI per se." The are both DUI (the former are just the first three out of five things you can get a DUI for, the per se drug and alcohol limits are the latter two). They are the same crime and carry the same criminal penalties. The difference is purely how the state has to make their case.

The ONLY exception to that is if you were under 21 (were you?) at the time. In that case, a different DUI law comes into play (with lower DUI limits for per se). If you are charged under the not-a-drop statute, that's a different crime.

I'll disagree with Quincy. If you go the DUI today, you'd almost certainly be subject to things that he did NOT just complete on his own (alcohol evaluation, community service, etc...). In fact, the judge is under no obligation to give you credit for "time served" while you were a fugitive from justice. I'm not going to go into the historical laws that would apply. That is what lawyers do, and YOU NEED ONE.
 
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quincy

Senior Member
Lose the attitude. There's no real charge of "DUI less safe" or "DUI per se." The are both DUI (the former are just the first three out of five things you can get a DUI for, the per se drug and alcohol limits are the latter two). They are the same crime and carry the same criminal penalties. The difference is purely how the state has to make their case.

The ONLY exception to that is if you were under 21 (were you?) at the time. In that case, a different DUI law comes into play (with lower DUI limits for per se). If you are charged under the not-a-drop statute, that's a different crime.

I'll disagree with Quincy. If you go the DUI today, you'd almost certainly be subject to things that he did NOT just complete on his own (alcohol evaluation, community service, etc...). In fact, the judge is under no obligation to give you credit for "time served" while you were a fugitive from justice. I'm not going to go into the historical laws that would apply. That is what lawyers do, and YOU NEED ONE.
Neither of us are sure how the judge will handle this so I don’t think you are disagreeing with me as much as offering your own thoughts as to what might happen in court.

And you could be right that jail time and additional conditions for probation may be imposed.
 

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