Client was stopped on I-20 due to a concerned citizen call about client’s driving. Client initially refused to perform field sobriety but after being arrested for his Rockdale County DUI and read Miranda warning, client repeatedly agreed to take the field sobriety evaluations. The Rockdale County deputy would not let our client do field sobriety evaluations. After being read the Georgia Implied Consent Notice, client agreed to take the state test of his breath, but when arriving at the jail, client wanted to speak to a lawyer before taking the test. The deputy took that as a refusal – even though client was previously read Miranda warning. The prosecution also tried to have admitted into client’s trial a prior DUI arrest where the client was found NOT GUILTY by a jury. The trial judge would not allow the prosecution to use the prior not guilty verdict. The prosecution reevaluated its case and the Rockdale County DUI charge was dismissed in exchange for a plea to reckless driving.
