Monday, 14 February, 2011 11:08
This month’s case is the prime example of why you should never do the voluntary field tests. My client was stopped in Doraville for allegedly running a red light. He was stopped by Doraville’s top gun DUI cop and refused all field tests, which infuriated the cop. Luckily the stop was captured on video and showed my client’s speech as normal and his walk to be steady. The client did not appear impaired on the video.
The other correct thing the client did was not taking the breath test at the jail; in this case the cop went ahead and proceeded with license suspension; however we were able to get the case tried in Doraville quickly so that my client’s license was suspended for only a couple of months.
At trial, the cop was unable to articulate why my client was rendered incapable of driving safely due to alcohol, primarily because my client looked good on the video and because my client didn’t provide evidence which could have incriminated him. My client was found NOT GUILTY of DUI!
Remember, you should always exercise your right not to provide evidence against yourself in a criminal case; We still have the shelter of the presumption of innocent until proven guilty beyond a reasonable doubt. Make the State prove their case!!