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I get several phone calls each month asking me if I can get a person’s DUI arrest expunged. Do a google check on expungment and you will find lots of sites appearing to know what they are talking about…. but they don’t!
First, what is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Can a DUI be expunged in Georgia?
Currently there is no way of deleting a DUI from the arrest records. Why? Because in Georgia there are only 2 ways of getting an arrest deleted. They are:
1. You were not the person shown as being arrested.
2. The charges were dismissed before an accusation was brought against you, or you enter into a pretrial agreement where the prosecutor agreed to expunge the arrest record.
Since a citation acts as an “accusation”, you are “charged” immediately at the scene of a DUI arrest, and therefore you do not fit into category number 2.
There is a firestorm brewing in Georgia over what is commonly called an “Administrative license suspension hearing”. In Georgia, the State can try to suspend your license before you are convicted of a DUI; the process for this to happen is that an officer signs a sworn document, swearing under oath that he/she arrested you for DUI and you either registered above a .08 or you refused the test.
Apparently, cops have been filing these sworn reports without actually swearing in front of a notary; this is the same as not swearing under oath at all. A few of my fellow DUI defense lawyers have successfully obtained restraining orders, keeping the State from moving forward in these cases until they can prove that they followed the law. The Georgia Appellate Courts have routinely allowed the police leeway in not following the Constitution or Georgia laws when DUI arrests are involved, from not having to tell a person that all field tests are voluntary, to not having to follow rules in administering the State Breath test machine used to convict people of DUI.
Perhaps now the pendulum is swinging back to at least middle ground… the cynic in me bets NOT!
Jenny Pitcher Teen Drivers administrative license suspension georgia, beginner driver advice, beginning drivers, defensive driving tips, georgia license suspension, Help teens drive safely, reckless driving prevention, safe driving tips, teen driving restrictions, teenage drivers, teenage license restrictions
Once your teenager drives away, there is nothing you can do to prevent that teen from doing something stupid with their car; you can, however, train the teen to be a safer driver by:
1. Provide practice driving under a wide range of conditions. Don’t just practice driving on sunny afternoons. Go out at night, when it’s raining–in a variety of conditions. Otherwise, the first time your new driver encounters these conditions, it will be when you aren’t with them.
2. Emphasize, again and again the use of a seat belt for everyone riding in and/or driving the car.
3. Restrict passengers; go beyond state law’s restrictions.
4. Substance abuse and driving: Don’t tolerate under any circumstances.
5. Restrict use of in car electronics such as radio/CD player, navigation devices, etc.
Jenny Pitcher DUIs in the News Charles Bannister, DUI arrest advice, dui arrest information, DUI arrests, Field Sobriety, Governs Office of Highway Safety, Gwinnett County DUI arrest, road block arrest in Atlanta
Gwinnett County Commission Chairman Charles Bannister’s arrest raises an important question: Since the arresting officer says the standard field sobriety tests indicated Bannister was impaired, why did the State’s own breath test indicate no alcohol in Bannister’s blood? More
I saw where Gwinnett County Chairman Charles Bannister was arrested for DUI. Before you jump to any conclusions about his guilt or innocence, let me explain why this case has a bad smell to it. More
In Bravo v. St decided on May 28, 2010, the Georgia Court of Appeals was asked to decide if the arresting officer could testify as to a possible numerical blood alcohol content solely based on the HGN results. More