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Georgia Multiple Lifetime DUI Convictions


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In some complex cases when a person has many prior DUI cases, and they have one that looks pretty bad that we're going into, depending on the court we’re in we may be able to do some creative things to help that person mitigate against a very long jail sentence. In a couple of our municipal courts we can go to the prosecutor and say we've got a problem here and we want to put this person in treatment. We'd like to get credit for every day of treatment or at least for every two days of treatment get one full day of jail credit, knowing that we may have to do the minimum.

Let’s just say it’s the second in five but it’s a fifth or sixth lifetime case and that’s the applicable standard we're under. It could be now a second and ten and so we have to look at that. I can go to the prosecutor in some cases and say, “We're going to put this person in this treatment program and when they come out they will stay in an aftercare program and they'll go on house monitoring.” That means we put a device on their phone at their house and when they're not at work they’re home and they have to blow into the device with random phone calls coming to make sure they're not drinking.

If we get that history built up and do it for several months and go back in front of the judge, I can sometimes reduce that case to seventy two hours to serve, a long weekend basically. Whereas a person walked in with that history and went into that court to plead guilty without doing these things, he or she's is going to serve ninety or more days in the county jail. That's the difference between an experienced attorney knowing the system, knowing the players, and working the case. If you have one of those complex cases, don't give up and don't go in there unprepared.

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