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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. |
AuthorBlog posts by Bill Hardman at Georgia DUI and Criminal Law Archives
April 2024
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