Client had just recently moved to Atlanta, and was trying to drive and follow Google Maps on her phone at the same time. when she drifted out of her lane, she was stopped in Sandy Springs and subsequently arrested by the senior officer on the DUI Task Force. She had suffered a DUI in NC less than two years prior, and her attorney had told her not to blow if she had anything at all to drink; so she refused the state-administered breath test. Bob Chestney tried the case without a jury in Fulton County, and the result was a conviction of Reckless Driving and Failure to Maintain Lane, but an acquittal on DUI and No License.
Recent DUI Defense Successes in Georgia Courts
Cobb County DUI (Refusal): DUI, Failure to Maintain Lane, No Seatbelt: DUI Dismissed
Client struck a curb, drifted across to opposite lane of traffic and collided with another car. Client had to be extricated from her vehicle and transported to hospital. Cobb County police officer conducted an investigation and interviewed client at hospital where client had a strong odor of alcohol and admitted to having two glasses of wine earlier. Case was set for a motions hearing. The day of the motions hearing, the State decided not to pursue the DUI charge and we negotiated a reckless driving plea.
Hall County DUI (Refusal): Hung Jury
Client left a restaurant around 1:30 am, decided to demonstrate to his passenger the 4-wheel capability of his Jeep by driving up a steep muddy hill beside the roadway. Jeep didn’t make it, but did manage to spray mud all over a passing car. Deputy drove up on scene, performed FSTs and asked for breath test. Client admitted drinking six beers and a shot, and refused testing. After two-day trial conducted by Bob Chestney, jury convicted on Reckless Driving, but could not agree on the DUI charge, so a mistrial was declared on that count. State chose not to re-try the DUI charge, so client was sentenced only on the Reckless Driving count.
DeKalb County DUI, Striking an Unattended Vehicle, Reckless Driving, Open Container – Dismissed
Client was stopped after striking a parked car outside a bar. Police conducted a DUI investigation where client was subsequently arrested and refused the State’s breath test. An open container of an alcoholic beverage was found in the vehicle. The entire case was dismissed as it was transferred from municipal court to the wrong jurisdiction.
Forsyth County Boating Under the Influence, Obstruction of a Law Enforcement Officer – Not Guilty
Client was stopped by Georgia Department of Natural Resources officers for violating a no wake zone. Officers claimed that client was attempting to flee after being told to stop. Boating field sobriety evaluations were performed and client was arrested for boating under the influence. The Georgia implied consent notice for boaters was read and client agreed to take the state’s breath test, but client also asked questions about her own blood test. Our client’s breath test was 0.145 (the legal limit for boaters is 0.08). After a motions hearing and arguments from the defense and prosecution, the judge suppressed the prosecution’s 0.145 breath test result. After a 3 day trial, a Forsyth County jury found our client not guilty of Boating Under the Influence, not guilty of Obstruction of a Law Enforcement Officer, and only found guilty of failure to obey a regulatory marker (no wake zone).
DeKalb County DUI: Refusal, 5th Lifetime Arrest for DUI, 1 Prior Conviction – DUI Dismissed
Client was speeding and weaving within his lane in Doraville when he was pulled over by an Officer from the Doraville Police Department. Officer noted that client had very slurred speech, he smelled like alcohol, was unsteady on his feet, and he had bloodshot and glassy eyes. Client did not want to perform field sobriety evaluations and he did not want to submit to a chemical test, and he was subsequently arrested. State refused to dismiss the DUI, so the case was set for a motion hearing. Although the Judge denied all of our motions, the State realized that there was not going to be enough evidence for a jury to convict, so the DUI charge was dismissed. Client entered a plea to Reckless Driving and was thrilled that we kept him out of jail, saved his license, and avoided a conviction for DUI.
DeKalb County DUI: .12 – DUIs Dismissed During Jury Trial
Client stopped for driving on the wrong side of the road and failing to maintain his lane in DeKalb County. Officer noted that client smelled like alcohol, had slow speech and bloodshot and glassy eyes, but that since his patrol car did not have a video camera, there was no video from client’s traffic stop. Client could not perform the Walk and Turn or the One Leg Stand field sobriety evaluations due to a military injury to his leg and ankle. The State refused to dismiss the DUI charges, so we started a jury trial. After the State put up its evidence, we informed the Court that we were intending to play a video from the jail which showed that the State had violated the 20 minute observation period required before a breath test. The State failed to notice this problem with their case until we pointed it out to them during trial! The State then agreed to dismiss the DUI counts and client entered a plea to Reckless Driving.
Fulton County DUI Alcohol: GSP Nighthawk Refusal
Client stopped for not wearing a seatbelt. Pulled over into a parking lot. Officer noticed slurred speech, bloodshot eyes, and odor of alcohol. Trooper administered the horizontal gaze nystagmus test, where client showed all six clues. Walk & turn and one leg stand not performed due to age and physical problems, refused the State’s breath test. Client rejected unreasonable terms for a reckless plea in Atlanta Municipal Court and the case was sent to Fulton County for a jury trial. After being placed on several jury calendars, client was finally offered a reckless plea with reasonable terms and accepted.
DeKalb County DUI Alcohol: Doraville Arrest, Refusal
Client was stopped for several lane violations and driving on the wrong side of the roadway. Slurred speech and strong odor of alcohol coming from client’s breath. Client refused to do field sobriety evaluations and refused to follow officer’s commands. Arrested for DUI and refused breath test. Video shows that client and officer did not get along. On the eve of a motions hearing, the prosecution offered and the client accepted a reckless driving plea.
Fulton County DUI Drugs/Alcohol: GSP Nighthawk Refusal
Client was stopped in Buckhead for driving with no tail lights (running lights only after dark). Although the trooper observed 6/6 clues on HGN and scored her poorly on WAT and OLS, she appeared quite sober on the video. Even the trooper was heard to tell his colleague she showed signs of little alcohol. But because she candidly admitted she had taken her prescribed anti-depressant medication that morning as she always does, the trooper arrested her for DUI-Combination Drugs and Alcohol. Client refused to consent to blood and urine testing when she was not allowed to call her father, a lawyer, for advice. She was found Not Guilty by the judge in a bench trial.