Hall County DUI (Refusal): Hung Jury

Client left a restaurant around 1:30 am, decided to demonstrate to his passenger the 4-wheel capability of his Jeep by driving up a steep muddy hill beside the roadway. Jeep didn’t make it, but did manage to spray mud all over a passing car. Deputy drove up on scene, performed FSTs and asked for breath test. Client admitted drinking six beers and a shot, and refused testing. After two-day trial conducted by Bob Chestney, jury convicted on Reckless Driving, but could not agree on the DUI charge, so a mistrial was declared on that count. State chose not to re-try the DUI charge, so client was sentenced only on the Reckless Driving count.