Our 25 year old software engineer executive drove his car at night without headlights on. After a Georgia State Trooper did a typical Atlanta DUI investigation, our client was arrested. Later at the jail he blew a .19 on the state administered breath test. The case finally made its way to Fulton County State Court. The state requested a continuance of the motions hearing due to the Trooper being unavailable. Four months later the State requested a second continuance. Because of our investigation we knew that the Trooper had been transferred to a new post hours away. The judge agreed with our argument that the State had had many months to subpoena the Trooper, and failed to bring him to court. Accordingly, the judge granted all of our motions to suppress evidence, and the case was dismissed.
