I got a not guilty verdict from a jury in Fulton County yesterday on a DUI
case. Here is how: My client had been to a business dinner in Alpharetta and had actually consumed 3 vodka tonics(he had the receipt). He made an improper U Turn and was stopped by Alpharetta police; the cop had my client do Field Evaluations
(FSTs), then arrested my client and requested a State Breath test
, which my client refused. There was a video, but no audio. At trial
the cop said my client’s speech was slurred, and that he “fumbled” through papers looking for his insurance card. The cop said my client “failed” all of the field tests
, although the cop also reluctantly admitted that he may not have administered the field tests correctly.
Video did show that my client did not do the walk and turn correctly, but he did stand on one leg for 24 seconds. Client supposedly could not say the alphabet correctly, but again, that was not heard on video. The cop was extremely arrogant on the witness stand, and tried to avoid my questions regarding his training and whether in fact he administered the field tests correctly. Jury was out approximately one hour and returned the not guilty verdict!
What client did wrong:
He should have never taken the field tests; if we had not had a video in this case, the jury would have never seen that my client performed the one leg stand well, and would have simply had the officer’s testimony(which was exaggerated) that my client failed the field tests.
What client did right:
By not taking the State breath test
, the State had no evidence of blood alcohol level
; while it is highly unlikely my client would have been over a .08, he might have been close, depending on the amount of vodka poured by the bartender.
In any event the client went home without a DUI
conviction, and was obviously very happy!