Our 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over. Unfortunately, a Georgia State Patrol Trooper believed she smelled like an alcoholic beverage and began investigating for DUI. She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present. Our client refused to perform any other field sobriety exercises. She initially agreed to a breath test, and later refused. The State offered a plea to DUI, then later reduced that offer to Reckless Driving. Because of our investigation, we knew that the arresting Trooper was no longer employed and was not appearing in Court. We requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.
