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Mickey Mouse Court system

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Jennifer People, Apr 11, 2019.

  1. Jennifer People

    Jennifer People Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    I was arrested for DUI as I was coming out of a 7-11 store. No breath analyzer was recorded. I know it is customary for the reading and serial of the unit to be recorded on the ticket and normally 2 test are administered 5 minutes apart. No test was administered at the jail nor was I offered a blood test. Five hours later I was released and went straight to a medical facility for a blood test. Reading was zero. All information was given to a local attorney that talked to the judge and had the charges reduced to reckless driving.

    My point is the legal system had zero evidence to charge me with DUI and my attorney had no right to bargain down without my consent. I sat in court until the judge asked what I was waiting for and then informed me of the reckless driving and forfeiture of 1100 dollars of bond money. The max fine in Georgia is 1000 dollars for reckless driving.

    What happened is wrong in so many ways. What are my options short of spending thousands of dollars on another attorney to only pad their pockets.
     
  2. army judge

    army judge Super Moderator

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    None, MAX res judicata = the matter has been adjudicated by a competent court of law and may not be pursued further by the same parties = has been achieved.
     
    hrforme and Jennifer People like this.
  3. adjusterjack

    adjusterjack Super Moderator

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    You had to somehow participate in the plea bargain even if it was to tell your attorney to "talk to the judge."

    Otherwise you would have pled not guilty and gone to trial. Why didn't you do that?
     
  4. zddoodah

    zddoodah Well-Known Member

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    Options for what?
     
  5. Jennifer People

    Jennifer People Law Topic Starter New Member

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    Since I wasn't drinking, and no evidence of DUI, how do I appeal the charge. It's like my lawyer sold me out and did nothing. I was offered the reckless driving instead of a DUI, that is why I hired a lawyer to get me out of the mess.
     
  6. Jennifer People

    Jennifer People Law Topic Starter New Member

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    Overturning the reckless driving charge.
     
  7. Jennifer People

    Jennifer People Law Topic Starter New Member

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  8. Jennifer People

    Jennifer People Law Topic Starter New Member

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    Never participated in discussion or agreed to charge. I wanted the city to prove it in court since I was innocent.
     
  9. army judge

    army judge Super Moderator

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    What was the charge to which it is alleged you copped the plea?


    If you took a plea deal, you were admonished on the deal before you entered your guilty plea by the judge that the plea couldn't be appealed.

    You were also advised of your RIGHT to plead NOT guilty, have a trial with a jury, and that you didn't have to plead guilty.

    You were further instructed that the plea was binding and you forfeited your right to appeal the plea, once the judge approved the deal.

    I know because I've admonished thousands of criminal defendants during similar proceedings myself.

    You can obtain the transcript of your court proceedings and read (or hear) the entire process for your edification.

    A plea bargain accepted by the trial judge waives most of a defendant's rights.
    to appeal.

    There are a few ways such a deal can be appealed.

    There are always the GREAT WRITS, namely "habeas corpus" relief (in a state or federal court).

    Alas, that has about .5% success, and is very expensive.

    Nevertheless, you can discuss seeking "habeas" relief with a couple, local criminal appellate attorneys.

    Lastly, but not least, you can always attempt an "ineffective assistance of counsel" appeal.

    Again, any good, local, criminal appellate attorney can discuss this with you.

    Good luck.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Look, I'm finding it hard to believe that you didn't somehow agree to the plea either by word or by deed at some point during the process.

    But if what you are saying is true, then your only chance is to hire yourself another lawyer and review your options.

    Nothing anybody here says is going to help you.
     
  11. zddoodah

    zddoodah Well-Known Member

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    One does not appeal a charge. Convictions and judgments can be appealed. Your original post suggests the original charge of DUI was dropped in favor of a reckless driving charge. It's not clear whether you pled guilty to that. If you did, there's nothing to appeal. If you haven't been convicted of anything yet, then you simply defend against the charge(s) pending against you. If you were convicted without a guilty plea, then you can appeal that.

    And did you accept that offer and plead guilty?
     
  12. Highwayman

    Highwayman Well-Known Member

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    So it sounds like you're an expert at being arrested for DUI.

    I find it difficult to believe that you were just randomly arrested coming out of a store for no reason. Sounds like part of the story is missing.

    By the way, no chemical test is necessary to establish probable cause for a DUI-type offense. An officer's observations are enough. I've gotten convictions for alcohol-related offenses where the defendant refused a breath test. It's not rocket science.
     

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