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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
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Experience:  Licensed Attorney with 28 yrs. exp. with Traffic Law issues
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I got a dui in New York in 2009 and I got a dui in Georgia

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I got a dui in New York in 2009 and I got a dui in Georgia 2012 is Georgia going to treat it as my 1stt dui or 2nd. I had a Georgia license both times. Georgia dmv suspended my license the first time
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. I can't tell you what the court will do but I can tell you what the law says and what they can do. What I mean by that is if there is an admininstrative mistake and the prosecutor's office doesn't pick up the first DUI, or your attorney can negotiate this as your "first" DUI, then concievably it might be treated as a first DUI. However, the law in Georgia is that a second DUI in 5 years counts as a second and the penalties increase. With a second DUI conviction the mandatory minimum jail time is 72 hours with the range being 90 days to 12 months. Anytime not served in jail is suspended and treated as probation. Then there are fines that range between $600 and $1,000. Community service of up to 240 hours. DUI school or a Risk Reduction Course. A clinical evaluation for alcohol and drug dependency and license suspended for 18 months.

The fact that your first DUI was in NY, as I touched on, should not effect it counting as your first DUI. Again though, there could be a snafu and they miss it. But, since there is apparently a record with the DMV already, because you said you has a suspension for the first one, that is doubtful.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


the court is treating it as my first as far as the fines jail time..... what is going to happen when I go to the dmv?

Expert:  Marsha411JD replied 1 year ago.
Wow, well that is good. The DMV is a separate entity and they can suspend your license based on the record of the previous conviction. That said, if they have the court record from this conviction and it says First conviction, then your license would only be suspended for 1 year, which could be reduced in time if you take a Risk Reduction course. In that case, the suspension could be reduced to 120 days.
Customer: replied 1 year ago.

when I go to court I should make sure that it is noted that this is my first conviction?

Expert:  Marsha411JD replied 1 year ago.
There is a good chance that the record will reflect that already, if the court is treating this as a first conviction. So, there shouldn't be any need to have your attorney make any sort of motion for the court to say that. I am not sure I would want to call attention to the issue anyway. Might get the court thinking in the wrong direction.
Customer: replied 1 year ago.

all I know the court said 120 days, $2000 fine, 12 mo prob, no jail time does that mean 1st conviction?

Expert:  Marsha411JD replied 1 year ago.
Well, the 120 days, I assume is the suspension. So, that means the DMV will suspend you for 120 days, which is the suspension for a 1st conviction. So, that is really all you need. The court ordered a 120 day suspension, so that is good.

I will be leaving my office to go to a meeting, but if you have any further follow up questions I will answer them when I return.
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 17430
Experience: Licensed Attorney with 28 yrs. exp. with Traffic Law issues
Marsha411JD and 7 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks

Expert:  Marsha411JD replied 1 year ago.
You're welcome and best of luck to you.

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Licensed Attorney with 28 yrs. exp. with Traffic Law issues