Client investigated in Apartment Complex parking lot for Reckless Driving and DUI. Told cops he had just consumed one drink just as he had pulled up and parked. After field sobriety tests, he was arrested, read implied consent and declined a breath test, saying, “No, I’d like to take a blood test.” The officer’s reply on video was “okay.” After being bound over to Fulton County, a bench trial was conducted along with motions simultaneously. A conflict was developed between the two officers’ testimony regarding whether there was a traffic stop with witnessed driving, or whether the property manager had asked the officer to find the white truck and investigate. The Court ruled that there was no refusal, as charged by the State, due to the officer’s response. And more importantly, she held that the State had not carried its burden of showing the initial detention to be lawful. DUI and Reckless Driving dismissed.
