Cobb County: Refusal, Serious Traffic Accident – DUI Dismissed

Client drove off of the roadway in Smyrna and her car rolled completely over before landing in a nearby field. Client drove away from the accident scene and a witness called 911. She was eventually located by police officers and EMS responders at a  restaurant a few miles away. She was advised that she was “in custody” at the scene, although officers had very little evidence that she was DUI. After she was transported to Kennestone Hospital, she was informed that she was under arrest and Georgia’s Implied Consent Notice was read at the hospital. Due to the untimely reading of Implied Consent, client’s refusal to submit to the state-administered chemical test would not be admissible at trial, we explained to the State. After several conferences with the State, the DUI was dismissed and client entered a plea to Reckless Driving. Her driving privileges were saved, she did not have to return to jail, and we avoided a DUI conviction.