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Georgia DUI Case Law
​Updates and News

William S. Hardman, Jr.
​Attorney at Law

New DUI in the State of Utah-.05 or more BAC = DUI

12/19/2018

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https://www.cnn.com/2018/12/17/us/utah-dui-law-trnd/index.html
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Can I use a first offender plea to a DUI in Georgia?

12/3/2018

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A common question in DUI cases is: "Can I use a first offender plea to a DUI?'
The answer to that question is "No." The provision that specifically forbids a first offender plea to a DUI charge in Georgia is included in O.C.G.A. 42-8-60(j)(10) listed at the very bottom below:

(j) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:
(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;
(2) A sexual offense as such term is defined in Code Section 17-10-6.2;
(3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46;
(4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section 16-5-101;
(5) Exploitation and intimidation of disabled adults, elder persons, and residents as prohibited by Code Section 16-5-102;
(6) Sexual exploitation of a minor as prohibited by Code Section 16-12-100;
(7) Electronically furnishing obscene material to a minor as prohibited by Code Section 16-12-100.1;
(8) Computer pornography and child exploitation as prohibited by Code Section 16-12-100.2;
(9) (A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties:
(i) Aggravated assault in violation of Code Section 16-5-21;
(ii) Aggravated battery in violation of Code Section 16-5-24; or
(iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer.
(B) As used in this paragraph, the term "law enforcement officer" means:
(i) A peace officer as such term is defined in paragraph (8) of Code Section 35-8-2;
(ii) A law enforcement officer of the United States government;
(iii) An individual employed as a campus police officer or school security officer;
(iv) A conservation ranger; and
(v) A jail officer employed at a county or municipal jail; or
(10) Driving under the influence as prohibited by Code Section 40-6-391.
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William S. Hardman, Jr., P.C.
210 Washington Street, NW, Suite 104
P. O. Box 438 
Gainesville, GA 30503

Phone 770-530-1164
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Fax 844-894-2462
Email: Bill@HardmanLawyer.com​

No information contained on this website is to be construed as legal advice in your case.  Please consult with a licensed Georgia attorney before making any legal decisions in your case.
 
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  • Home
  • Contact
  • Ask Us About Your DUI Case
    • Confidential DUI Online Inquiry Form
  • Where is your case?
    • Enter the location of your case
    • Athens DUI Lawyer
    • Atlanta DUI Lawyer
    • Banks County DUI Lawyer
    • Barrow County DUI Lawyer
    • Blue Ridge DUI Lawyer
    • Buford DUI Lawyer
    • Clayton County DUI Lawyer
    • Clayton Georgia DUI Lawyer
    • Cobb County DUI Lawyer
    • Cumming DUI Lawyer
    • Dahlonega DUI Lawyer
    • Dekalb County DUI Lawyer
    • Flowery Branch DUI Lawyer
    • Fulton County DUI Lawyer
    • Duluth DUI Lawyer
    • Gainesville DUI Lawyer
    • Gwinnett County DUI Lawyer
    • DUI Lawyer Lawrenceville
    • Newnan DUI Lawyer
    • Oakwood DUI Lawyer
    • Smyrna DUI Lawyer
    • Rabun County DUI Lawyer
    • Roswell DUI Lawyer
    • Statham DUI Lawyer
    • Suwannee DUI Lawyer
    • Winder DUI Lawyer
  • Traffic tickets
    • Check My Georgia Driver's License Now
    • Traffic tickets and points on your license
    • Case Inquiry Form
    • Speeding tickets
  • DUI Cases In Georgia
  • Do I need a 30-Day Letter in my DUI Case?
  • Is my Georgia Driver's License suspended now?
  • Drug Possession in Georgia
  • Car Wreck/Personal Injury
  • Criminal Law Blog, Case Results and DUI news
  • City or County of DUI arrest
  • About