Roswell DUI (Breath Test .120) – Dismissed in Fulton County

Client was stopped at 4:00 am by Roswell Police Off. Ott – who is a highly trained and experienced DUI cop – for failing to maintain her lane.  Video showed over three minutes of driving before being stopped, and she hit or crossed over the lines 4-5 times, but always on the inside line of a curve.  Mr. Chestney argued that this was normal driving, and was “as nearly as practicable within a single lane” as the statute requires.  Judge Porter agreed, and granted a motion to exclude all evidence gathered from the traffic stop.  The state chose to dismiss rather than appeal her decision.

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