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Can i appeal a DUI 1st offender plea in georgia?
Anonymous6 views5 answers
I was recently arrested for a DUI in georgia (10 day window is still open). I blew a .127 after being told i would have my listened suspended if i did not take the breathalyzer test. I passed the field sobriety test and was arrested in a parking area before i was able to park my vehicle. I am responsible for the health of an elderly person so my plea was necessary in order to get me out of jail asap. Can i appeal my plea?
You cannot appeal, but you can motion to withdraw your plea. You need to get the assistance of an attorney to help you with this ASAP. There is a short window for you to act.
Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
Your question is confusing. First of all, you cannot be sentenced under GA's first offender act in a DUI case. Second, it is very difficult to appeal after you plead guilty, and nothing you have written about here would indicate that you would be able to do so. Unfortunately, people plead guilty all the time to get out of jail. But pleading out for that reason, though unwise, does not give rise to any basis for later challenging the validity of that plea. Since you are within the 30 day window, you could file a motion to withdraw your guilty plea, but I highly suggest you consult with a lawyer about this.
You need to hire an Attorney, file a motion to withdraw your plea for legally valid reasons (i.e. the the plea was not free and voluntary, you were forced into the plea, what you pled to was not what you agreed to prior to the agreement). Also, be advised that the Judge has the final say and if the Court added conditions you should be aware that the Judge probably gave you the opportunity to withdraw your plea at that time.
The timeline of your question is a bit confusing. If the DUI arrest only happened less than 10 days ago, then it's highly unlikely that you have formally pled guilty in court and been sentenced on the charge. I am assuming you are referring to the 10 day window to appeal the administrative license suspension immediately following the arrest. Perhaps you believe that you admitted guilt when you signed papers with the bonding company to get out of jail. In any event, I suggest you contact an attorney immediately to help you address the issue. If you have in fact pled guilty to the DUI charge, there is a short period of time to file a motion to withdraw your guilty plea.
