Our client was stopped after proceeding the wrong way down a one way street by Georgia State University Police. Client agreed to do field sobriety evaluation in the rain. The officer clearly did not follow his training in administering the horizontal gaze nystagmus evaluation. The officer also read the Georgia Implied Consent notice before placing our client under arrest, contrary to Georgia DUI law. Client agreed to the State breath test and blew a .154 on the intoxilyzer 5000. That test would have been inadmissible at trial due to the timing of the implied consent notice. The prosecution in Fulton County State Court elected not to file formal charges in this case and the charges were dismissed.
