| Since 1996, my practice has been primarily devoted to DUI/traffic law defense. Since the year 2000, over 67% of all DUI cases I have handled have resulted in a win. Over 98% of contested cases(meaning client plead 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.
Sample Wins:
- 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 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, 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, 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 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 hospital,
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 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; 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; 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; 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; 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; 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;
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.
Dekalb 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.
2002 Letter From A Client:
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Text of this letter reads:
RE: Case No 01-2930-2
Dismissal Date: 2/27/02
Dear Mickey,
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.
Sincerely,
___________
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