Johns Creek DUI Refusal of Breath Test: Reduced to Reckless Driving

Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic.  Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over.  Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.”  Our client refused to blow on the alcosensor, and later refused the state’s breath test.  Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.

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