This client was arrested by Milton Police in August 2011 for DUI, Failure to Maintain Lane and Open Container. She blew a .161 on the Intoxilyzer 5000. Two months later, her case was bound over to State Court. Incredibly, the case was not accused until days before the statute of limitations would run, in August 2013. It was finally set for a motions hearing in January 2014, and we argued that our client’s constitutional right to a speedy trial had been violated. Because it had been 29 months since her arrest, and she had suffered from related anxiety to the point of being prescribed medication, the state court judge dismissed the entire case.
Recent DUI Defense Successes in Georgia Courts
Cobb County: DUI Dismissed for Lack of Reasonable Suspicion to Stop
Our client here was going through a troubling time in her marriage, to the point where her husband called 911 when she left their home with her baby, and told the police she was drunk. Cobb County Police were dispatched, and pulled her over a couple miles from her home, despite seeing no traffic violation. She told police she had left in fear for her safety and that of her child, but the cops focused on the odor of alcohol on her breath. When she refused to do any field sobriety tests, she was arrested for DUI and Child Endangerment. The judge heard testimony from the estranged husband and the arresting officer, then watched the video of the stop and arrest; then found there was no lawful justification to pull her over to begin with, and no probable cause to arrest her. All charges were dropped.
Doraville, GA: DUI Reduced to Reckless Driving
An exotic dancer was leaving her place of employment late at night and was pulled over by Doraville police for failing to maintain her lane. Although she admitted having drinks before she left work, she insisted she had passed a breathalyzer test at her club before being allowed to leave, as was the practice of the club. When she refused to perform field sobriety tests, she was arrested for DUI. In part because she arguably looked pretty normal on the video, the prosecutor agreed to drop the DUI charge upon a Nolo plea to Reckless Driving and Failure to Maintain Lane.
Fulton State Court: Alpharetta, GA DUI Reduced to Reckless Driving
John was leaving a concert at Verizon Amphitheater with his wife and another couple when he was stopped for briefly straddling the lane divider. After doing poorly on field sobriety tests, he was arrested and charged with DUI. We showed the prosecutor medical records indicating our 61-year old client had recent back problems, explaining his poor performance. And we pointed out that he had not refused a breath test, he had simply insisted on speaking with an attorney before blowing, which the arresting officer took as a refusal. The DUI was dismissed upon a plea to Reckless Driving.