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Record restriction and nolo contendere plea paths offer Georgia DUI offenders an avenue to sidestep long-term repercussions, such as increased insurance premiums, difficulties finding employment and housing and social stigmatism.
Georgia law defines DUI as driving while impaired by alcohol and/or certain drugs or inhalants to an extent where driving becomes less safe. 5 and 10-year rules regarding mandatory increases in punishment do not apply to records restriction procedures.
Expungement
An arrest for DUI can have far-reaching repercussions. It can compromise employment prospects, increase car insurance premiums and make renewal of professional licenses difficult. While full expungement of such convictions in Georgia is unlikely, in certain instances record restriction may be possible; an experienced Atlanta DUI attorney can review all facts and circumstances of a case to ascertain if dismissal should be pursued or evidence of restriction must be presented against.
An offender whose DUI cases have been dismissed through plea agreements to lesser offenses may qualify for record restriction. Also, any DUI case that was dismissed by either judge or jury would also qualify – unlike expungement which erases records completely, record restriction makes arrest invisible but still accessible by law enforcement and judicial officials.
Restriction
Nolo contendere (no contest) pleas in Georgia offer an appealing legal strategy wherein an accused neither admits guilt nor denies charges filed against them. A nolo contendere plea cannot be used as evidence against them in civil lawsuits related to the case, offering significant strategic advantages.
Record restriction differs from expungement by rendering records invisible to both law enforcement and the general public. An experienced Georgia DUI lawyer can help individuals determine whether they qualify for this type of action – those arrested but not convicted, with cases dismissed due to lack of evidence, or who successfully completed pretrial intervention or diversion programs may all qualify for record restriction by filing the necessary petition with arresting agency and prosecutor’s office – this process may vary depending upon case outcome and other factors; accordingly an attorney may need to file multiple types of restriction petitions depending on different case outcomes and factors; consultation with an experienced DUI lawyer is always advised before considering taking this course of action.
Plea Agreement
Being charged with DUI can severely limit your career opportunities in terms of employment, housing, professional licensing and more. Furthermore, its stigma can have devastating repercussions for relationships with loved ones as well as preventing safe driving practices.
An experienced Savannah DUI attorney can provide assistance in exploring ways to limit long-term consequences, including record restriction and nolo plea pathways. Unfortunately, unlike with certain crimes, Georgia cannot expunge or otherwise erase a DUI conviction from your record.
Dependent upon the date and outcome of your arrest, and whether or not it resulted in conviction, you could qualify for record restriction. This process, sometimes referred to as dismissal, involves filing a petition with the court requesting this record restriction; successful requests make your arrest invisible to the public but still visible during criminal justice proceedings; petitioners must fulfill various requirements, such as attending any pretrial diversion programs prior to filing the petition.
Appeal
Even though some cases in Georgia may be dismissed without conviction (via diversion or conditional discharge), those instances still appear on people’s criminal records unless additional steps are taken such as applying for records restriction. Potential employers or others conducting background checks could still view an arrest record that way.
Appeal is the process for getting this off your record and our experienced Atlanta DUI lawyers can guide you through it all. A court of appeals reviews your case to decide whether it should be limited.
Our team can also assist individuals who have had their driver’s licenses suspended after successfully completing a diversion or pre-trial intervention program. In these instances, our lawyers often negotiate deals wherein your case will be reduced to non-reportable offense and thus allow you to keep driving legally – this option is especially attractive to first offenders since charges often drop if completed successfully.
