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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. |
Traffic Law for the Atlanta metropolitan area including Duluth, Suwanee, Lawrenceville, Dacula, Cumming, Alpharetta, Johns Creek, Milton, Sandy Springs, Braselton, Hoschton, Winder, Oakwood, Flowery Branch and Gainesville, along with all other cities within Gwinnett, DeKalb, Jackson, Barrow, Clarke, North Fulton, Forsyth and Hall County areas. |