Client was stopped for speeding 60 mph in a 35 mph zone and for failing to maintain lane. Client performed field sobriety exercises and submitted to a portable alco-sensor. The officer showed client the results which affected client’s decision to submit to the official state breath test at the jail. DUI charge and failure to maintain lane charges were dismissed and client entered a negotiated plea to reckless driving and speeding, preserving client’s driver’s license and avoiding a DUI conviction.
Recent DUI Defense Successes in Georgia Courts
Cobb County: Refusal, Serious Traffic Accident – DUI Dismissed
Client drove off of the roadway in Smyrna and her car rolled completely over before landing in a nearby field. Client drove away from the accident scene and a witness called 911. She was eventually located by police officers and EMS responders at a restaurant a few miles away. She was advised that she was “in custody” at the scene, although officers had very little evidence that she was DUI. After she was transported to Kennestone Hospital, she was informed that she was under arrest and Georgia’s Implied Consent Notice was read at the hospital. Due to the untimely reading of Implied Consent, client’s refusal to submit to the state-administered chemical test would not be admissible at trial, we explained to the State. After several conferences with the State, the DUI was dismissed and client entered a plea to Reckless Driving. Her driving privileges were saved, she did not have to return to jail, and we avoided a DUI conviction.
Fulton County DUI: Charge Dismissed
An Atlanta Police Officer working part-time with Midtown Blue arrested our client in April 2012 after a disturbance at a convenience store at about 8:00 am. Client declined to do field sobriety tests or breathalyzer, but was taken to Grady Memorial Hospital after fainting from an anxiety attack. We retrieved medical records from Grady showing that client was not intoxicated, and the solicitor dismissed the DUI charge. No other charges were brought.
Alpharetta DUI: “Refusal” Stricken, Charges Dismissed During Trial
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.
Gwinnett County Recorder’s Court: .083 – DUI Dismissed
Client was pulled over by a Gwinnett County Police Officer after he spotted her driving on the sidewalk. The officer smelled an odor of alcohol coming from her breath, noted in his report that her eyes were bloodshot and watery, and client admitted drinking. After a review of her case, we urged the State to dismiss the DUI due to the low test result and the minimal manifestations of impairment. The State eventually agreed. Client was thrilled that we avoided a DUI conviction, saved her driver’s license, and that she did not have to return to jail. Client assumed that since she blew over the legal limit, a DUI conviction was automatic. And, had she hired an attorney who was not well-versed in the caselaw differentiating what evidence is and is not sufficient for a conviction for DUI, her case may have turned out differently.
Municipal Court of Atlanta: Underage DUI – Case Dismissed
Underage client was driving in the Georgia Tech area and was pulled over by an Atlanta DUI Task Force Officer. Client admitted to drinking but performed very well on the field sobriety evaluations. The Officer requested that client submit to a blood, breath, and urine tests because he also suspected drug use and our client agreed. The breath and blood test showed an alcohol level in excess of the legal limit, but the urine screen was negative for drugs. After a thorough investigation, we concluded that the traffic stop was unjustified and presented this information to the City. After lengthy negotiations, the City agreed to dismiss the DUI.
Atlanta Municipal Court: .098 DUI Reduced to Reckless Driving
Client stopped by GSP Nighthawks for Speeding and Failing to Maintain Lane on Piedmont Road in Buckhead. Struggled with field sobriety tests, arrested and blew .098 at the jail. We provided extensive medical records including a spinal fusion to explain poor performance, emphasized clean 35-year spotless driving records, and the City Solicitor agreed to drop the DUI, and allow a plea to Reckless Driving and Speeding. Probably saved client’s banking executive position.
DeKalb County State Court: DUI Drugs – DUI Dismissed
Client was involved in a traffic accident on North Druid Hills Road in Dekalb County. When officers arrived, client admitted to using an illegal substance and drug paraphernalia was also found in his SUV. After a brief investigation, client was arrested for DUI drugs and he agreed to submit a blood and urine sample. The screen of his blood showed the presence of an illegal drug in his system, but the identify of the individual who drew the blood was unknown. On the morning of trial the DUI was dismissed and client entered a plea to Reckless Driving.
Newton County Probate Court: 3rd Lifetime DUI Arrest, Refusal – DUI Dismissed
Client was pulled over in Newton County for failing to maintain his lane. Another motorist on Interstate 20 called to report the weaving and officers caught up to our client shortly thereafter. There was no video from the traffic stop, but the report noted that he smelled of alcohol and was unsteady on his feet. Our client agreed to perform field sobriety evaluations, but the officer failed to record any of his observations from those evaluations in the police report. Client was arrested and declined the state’s request for a breath sample. Because the officer did not properly conduct the DUI investigation, the County agreed that there was not enough evidence to pursue the DUI. The DUI was dismissed and client entered a plea to Reckless Driving. He paid a fine and completed a Risk Reduction course (DUI school) and his case was closed! Client was thrilled that we were able to avoid a DUI conviction, avoid a jail sentence, and avoid a license suspension!
Troup County: Underage DUI (.202 blood test) Reduced
19-year old client left the roadway and crashed into a tree, but avoided serious injury. Had to be extricated from the totaled vehicle and transported directly to hospital for examination. In the ambulance, implied consent was read and blood test consented to, results came back .202. Because the officer did not make an arrest prior to implied consent, the blood test results were suppressed. This left only a serious accident, the odor of alcohol and an admission of underage drinking. On the eve of trial, the prosecutor agreed to reduces the DUI to Reckless Driving, with probation and alcohol monitoring.