Client was stopped by Doraville police for no headlights and failing to maintain lane. Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video. After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath. Client consented and the result was a .113. Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test. The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial. The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.
