Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving

Our young bartender client had just gotten off work.  Naturally, she and her colleagues had an end-of-shift drink.  She decided to follow a friend home.  As the two were pulling through the parking lot to leave, rather fast, her friend braked when she shouldn’t have, causing a rear-end collision with our client listed as the at-fault driver.  Adam Brown discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property.  Adam Brown was also able to show the Chamblee prosecutor that our client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, Adam Brown took the case up with the arresting Chamblee DUI officer, who later advised the State that there was no objection to a reduction in charges.  As a result of getting the officer on board, the Chamblee prosecutor agreed to reduce this over the limit case to reckless driving.

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