Client made a right on red that was captured on video by an Atlanta DUI Task Force Officer. Field sobriety evaluations were administered and client was arrested for DUI. The Georgia Implied Consent Notice was read and client refused the State breath test. Case was sent out of Atlanta Municipal Court to Fulton County State Court where the prosecution decided to dismiss the Atlanta/Fulton County DUI charge and the right on red charge.
Tagged: Refusal
NFL Defensive Tackle Nick Fairley Not Guilty of DUI
Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week. The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph. He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer. The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.
Atlanta DUI (Refusal) – DUI Dismissed
Client was pulled over in Buckhead for weaving within her lane, crossing the center line, and stopping past the stop bar. A Georgia State Patrol Trooper noted in his report that client smelled of alcohol, admitted that she had been drinking, and performed poorly on the two field sobriety evaluations she agreed to perform. Client declined to submit to provide a sample of her breath at the traffic stop and she was then placed under arrest for DUI. The Trooper noted in his report that when he attempted to place her under arrest, she resisted and a physical altercation resulted. The report that the Trooper had written (describing the client’s impairment) was one of the worst we’ve ever seen. Client had injuries to her face, legs, and arms and we took photographs of all of her injuries. The Trooper’s video recording equipment was suspiciously not working during that incident, so that definitely raised alarm bells. Laura was relentless and continued to meet with the Prosecutors working on the case, and eventually the client’s DUI was dismissed. It was critical that this client avoid a DUI conviction because she drives for her job. Client entered a plea to Reckless Driving, and other minor traffic offenses. Her license was saved, she was able to avoid a DUI conviction, and she never returned to jail!