Client left a restaurant around 1:30 am, decided to demonstrate to his passenger the 4-wheel capability of his Jeep by driving up a steep muddy hill beside the roadway. Jeep didn’t make it, but did manage to spray mud all over a passing car. Deputy drove up on scene, performed FSTs and asked for breath test. Client admitted drinking six beers and a shot, and refused testing. After two-day trial conducted by Bob Chestney, jury convicted on Reckless Driving, but could not agree on the DUI charge, so a mistrial was declared on that count. State chose not to re-try the DUI charge, so client was sentenced only on the Reckless Driving count.
Tagged: Charges Reduced
DeKalb County DUI: Refusal, 5th Lifetime Arrest for DUI, 1 Prior Conviction – DUI Dismissed
Client was speeding and weaving within his lane in Doraville when he was pulled over by an Officer from the Doraville Police Department. Officer noted that client had very slurred speech, he smelled like alcohol, was unsteady on his feet, and he had bloodshot and glassy eyes. Client did not want to perform field sobriety evaluations and he did not want to submit to a chemical test, and he was subsequently arrested. State refused to dismiss the DUI, so the case was set for a motion hearing. Although the Judge denied all of our motions, the State realized that there was not going to be enough evidence for a jury to convict, so the DUI charge was dismissed. Client entered a plea to Reckless Driving and was thrilled that we kept him out of jail, saved his license, and avoided a conviction for DUI.
DeKalb County DUI: .12 – DUIs Dismissed During Jury Trial
Client stopped for driving on the wrong side of the road and failing to maintain his lane in DeKalb County. Officer noted that client smelled like alcohol, had slow speech and bloodshot and glassy eyes, but that since his patrol car did not have a video camera, there was no video from client’s traffic stop. Client could not perform the Walk and Turn or the One Leg Stand field sobriety evaluations due to a military injury to his leg and ankle. The State refused to dismiss the DUI charges, so we started a jury trial. After the State put up its evidence, we informed the Court that we were intending to play a video from the jail which showed that the State had violated the 20 minute observation period required before a breath test. The State failed to notice this problem with their case until we pointed it out to them during trial! The State then agreed to dismiss the DUI counts and client entered a plea to Reckless Driving.
Fulton County DUI Alcohol: GSP Nighthawk Refusal
Client stopped for not wearing a seatbelt. Pulled over into a parking lot. Officer noticed slurred speech, bloodshot eyes, and odor of alcohol. Trooper administered the horizontal gaze nystagmus test, where client showed all six clues. Walk & turn and one leg stand not performed due to age and physical problems, refused the State’s breath test. Client rejected unreasonable terms for a reckless plea in Atlanta Municipal Court and the case was sent to Fulton County for a jury trial. After being placed on several jury calendars, client was finally offered a reckless plea with reasonable terms and accepted.
DeKalb County DUI Alcohol: Doraville Arrest, Refusal
Client was stopped for several lane violations and driving on the wrong side of the roadway. Slurred speech and strong odor of alcohol coming from client’s breath. Client refused to do field sobriety evaluations and refused to follow officer’s commands. Arrested for DUI and refused breath test. Video shows that client and officer did not get along. On the eve of a motions hearing, the prosecution offered and the client accepted a reckless driving plea.
City of Atlanta DUI: Refusal, Speeding 60/35, Failure to Maintain Lane
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.
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.
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!