Since 1996, my practice has been primarily devoted to DUI and other traffic law defense.
I made this decision because in the mid 1990’s the DUI laws in Georgia started involving complex issues of chemistry, forensic science, constitutional law and administrative law. Because DUI laws today change on a weekly basis, I believed I could best serve clients focusing on DUI law and other complicated traffic law defense. Since the year 2000, over 67% of all Georgia DUI cases I have handled have resulted in a win. Over 98% of contested cases (meaning client pleads not guilty instead of guilty) have resulted in a win. A “win” is either an outright dismissal of the DUI or a reduction of the original charge of DUI.
|2011 Results:Wins – 19Guilty Verdict – 10
Pleas – 8
|2010 Results:Wins – 36Guilty Verdict – 0
Pleas – 28
|2009 Results:Wins – 42Guilty Verdict – 0
Pleas – 44
|2008 Results:Wins – 33Guilty Verdict – 1
Pleas – 30
|2007 Results:Wins – 29Guilty Verdict – 1
Pleas – 33
|2006 Results:Wins – 46Guilty Verdict – 0
Pleas – 22
MRGADUI, Mickey Roberts Wins his 200th DUI Case in 4 Years!
Last year I obtained my 200th win in 4 years, with a not guilty verdict from a jury in Hall County. My client was arrested driving 89 mph in a 55 mph zone on his motorcycle. Although his speech was not slurred and his walk was normal, the officer said since he smelled alcohol on my client’s breath, he had my client perform the 3 field sobriety evaluations, and testified that my client “failed” the field tests. My client denied drinking and refused all breath tests, both on the scene and at the jail. This arrest was videotaped. At trial I was able to show the jury that the field tests were invalid because the officer failed to administer them according to his training. The jury returned a verdict of NOT GUILTY in less than 30 minutes, and later told me that my cross exam convinced them that my client was not guilty of DUI.
A couple of observations: First, the video helped because my client did not appear impaired, although he was unable to balance on the field tests. Two, the client did not admit drinking, and refused all breath tests; Three, my client probably would have been convicted had I not been trained in DWI detection, just like the officer, and therefore was able to show the jury that the officer’s evaluations were invalid because the officer failed to administer the FSTs according to standardized training. Fourth, this case shows why it is so very important to hire a lawyer who concentrates solely on DUI defense.
Example MR GA DUI Wins:
State v. J.O, R.O.: Husband and wife were both charged at the same time with a Gwinnett County DUI. Husband had been driving, and thought he should not be driving. While at a red light on Jimmy Carter Boulevard in Norcross, he switched seats with the wife. A Gwinnett County police officer was behind the car at the red light. When the wife started driving the officer stopped her. Because I know there was a Georgia case that was similar to this one, I knew the stop was invalid. Both cases were dismissed.
State v. J.L.: Client stopped by DUI Task Force Officer for running red light; smell of alcohol, slurred speech, bloodshot eyes; client refused field tests and breath test; a Dekalb jury is out only an hour, finds client NOT GUILTY of both DUI and Red light violation.
State v. B.D.: Client stopped for DUI, registered a .083 on the breath test. Case went to a bench trial, and after the State of Georgia rested its case, I moved to dismiss the charges. The reason: Client was arrested in August, 2003, but the accusation charged him with a DUI in August 2004; Verdict of not guilty.
State v. K.C.: Client, under age 20, involved in a one car accident; car was totaled; he admitted to officer that he drank a half bottle of tequila; no field evaluations were administered; client had slurred speech, bloodshot eyes, and was unsteady on feet; client refused the breath test; at a bench trial, client found NOT GUILTY, because officer was unable to prove beyond a reasonable doubt that client was rendered incapable of driving safely.
State v. R.H.: Client arrested for DUI and registered a .16 on breath test; officer saw a dark colored car speeding on Collins Hill Road in Lawrenceville, GA., lost track of car, and then saw two dark colored cars stopped at a red light; my client turned left, and client stopped him to see if my client was the car that had been speeding; the court held the stop to be invalid and the entire case was dismissed.
State v. J.H.: Client stopped and arrested for DUI, registered .13 on breath test; I filed a motion to throw out the arrest based on a bad stop; officer had stopped my client after seeing a young female sitting on side of road around midnight; officer turned around to check on female, saw her in the back of my client’s jeep, stopped my client to “check” on female, and arrested my client for DUI; since the officer had no reason to suspect a crime had been committed, the Gwinnett County, GA. judge agreed that the stop was bad and dismissed the entire case.
State v. T.L.: Client stopped for speeding; according to police report, client failed all 3 field test, officer arrested for DUI, then searched truck and found open container; while at Gwinnett County jail, officer supposedly found marijuana. Client charged with speeding, DUI, marijuana possession, open container; I obtained a copy of the video, which revealed: Officer never gave one of the field tests as in the report, told my client he was not free to leave but could have someone pick him up, then officer searched truck without client’s consent and found marijuana in truck, not at jail as stated in report. After confronting officer with the truth, DUI and drug charges were dismissed.
State v. T.S.: Client was in a one car accident where his car left the road, flipped several times, and client was ejected. Client was transported to Gwinnett Medical Hospital in Lawrenceville, GA. where a nurse told arresting officer that client had been drinking. Subsequent blood test revealed blood alcohol level of .16. At trial, we raised question of probable cause to arrest, and challenged the blood test. Client accepted a no contest plea to reckless driving, payment of fine, and defensive driving school.
State v. M.G.: Client, a 21 year old female, was stopped for weaving, supposedly failed all field evaluations, and registered a .10 on the State of Georgia breath test. At a motions hearing prior to trial, officer was unable to remember the number of times my client was weaving, and on cross examination it became apparent the officer did not administer the field evaluations correctly. The judge ruled that the officer lacked probable cause to arrest for DUI.
State vs. R.B.: Client was found parked in a McDonald’s parking lot in Jackson County Georgia; a concerned citizen has alerted police to a possible DUI; client’s speech was slurred and he had trouble walking; client “failed” field sobriety tests and was unable to give a sufficient breath sample; Client suffered from emphysema and heart disease, and was unable to blow a sufficient amount of air for the breath test; case was dismissed at trial.
State v. E.S.: Gwinnett County was running a roadblock when client’s car was found parked at beginning of exit ramp on Pleasant Hill Road in Duluth, GA.; client said that a friend was driving, but stopped when “check engine” light came on; client blew a .11 on test; immediately prior to a jury trial, DUI was dismissed, and client plead guilty to “illegally opening car door”, and paid a $75.00 fine.
State v. S.M.: Client charged with DUI by City of Suwanee; Police report indicated client failed field tests, and blew a .13 on the breath test; however, video revealed that officer did not administer field tests correctly, and promised to bring client home if the breath test was below a .08; based on seeing the video, DUI dismissed.
State v. J.C.: Client involved in a fender bender in Braselton, GA.; no field tests given; client was forced to give at least 8 breath test samples before registering .14; because there was some question whether police complied with Georgia breath test rules, case was dismissed and client plead to reckless driving.
State v. M.L.: Under 21 client with her 2nd DUI; one car accident; client was found by police about ½ mile from accident located in Suwanee, GA.; client did not admit to driving, and she was immediately arrested by officer; court found that officer did not have probable cause to arrest for DUI.
State v. B.S.: Client bumped a car in the rear on Highway 20 in Buford, GA.; the accident was witnessed by police; client “failed” all field tests, became extremely belligerent and refused a breath test; prior to jury trial, DUI dismissed; client’s defense was that he was a diabetic and was suffering from a hypoglycemia attack.
State v. D.S.: Client charged with DUI at .10; video revealed client to be sober, not impaired, and that officer did not administer tests correctly; DUI case dismissed and client plead to reckless driving.
State v. J.H.: City of Atlanta roadblock, .11 breath test. Prior to trial, City attempted to call sergeant as a witness to prove the purpose of the roadblock, as required by recent Georgia case law; however, sergeant was not on State’s witness list as required by law; case reduced to reckless driving.
State v. N.F.: Client was involved in a one car accident in Lawrenceville, GA.; officer found client in car on opposite side of roadway, with 2 flat tires; after field sobriety tests, client was arrested but refused the state breath test; client was specifically charged with per se DUI; because there was no actual evidence of client’s blood alcohol level, State’s evidence was not sufficient for a conviction, and she was found not guilty.
State v. S.S.: Client was charged with speeding 83 mph on I-85(which she admitted), failure to maintain lane, DUI, and obstruction of officer. Video revealed no failure to maintain lane, and client appeared sober. Client refused the State’s request for a blood test in Dekalb County, GA. DUI officer testified that as an “expert”, client’s HGN test would have put her blood alcohol level at above a .10. Jury didn’t buy that, and found client not guilty on all counts in less than 35 minutes.
State v. J.D.: Client stopped to check on his 16 year old son who had been stopped by a Gwinnett County officer; and was arrested for DUI, obstruction, and 2 counts of disorderly conduct. It was the client’s 2nd DUI arrest in a 5 year period, and his 18th lifetime DUI; however, other than slurred speech, unsteady walk, and admitted to drinking a few beers, there was no other evidence present indicating that his driving was impaired. The State was allowed to present evidence of 3 of client’s prior DUI convictions; even so, the jury returned a verdict of NOT GUILTY on the Dui and one of the disorderly conduct charges.
2002 Letter From A Client:
Text of this letter reads:
RE: Case No 01-2930-2
Dismissal Date: 2/27/02
I was elated to receive the Nol Pros order last week on the above case. I want to thank you for your outstanding work, and particularly for the personal attention you demonstrated in my case. You always kept me abreast of what was happening, and allowed me to make educated, intelligent choices about my options.
As I became aware of your relationship with court officials and prosecutors, it dawned on me that your good natured personality and easy going manner also were assets to my case. The prosecutors actually seemed to like you, and it seems that they were less hostile to me and more willing to voluntarily dismiss my case under those conditions. Attributes like these don’t appear on a resume.
Please feel free to show this letter to any potential client who wants to make an informed decision regarding your services. Again, I’m deeply grateful for your completely successful efforts.