Roswell DUI Refusal: Not Guilty

Client was stopped for Speeding 60 in a 40 mph zone and Failing to Maintain Lane.  Roswell DUI Officer J. Ott with the Roswell Police Department conducted a DUI investigation.  Client admitted to having a few beers and agreed to perform field sobriety evaluations.  Client scored all 6 clues on the Horizontal Gaze Nystagmus evaluation, 5 out a possible 8 clues on the Walk and Turn evaluation, and 3 out of 4 possible clues on the One Leg Stand evaluation.  Client looked reasonably well on the Walk and Turn evaluation, but not as good on the One Leg Stand evaluation.   Client’s speech was clear, stopping sequence was fine, walked fine, and was standing fine when communicating with the officer.  Client refused the roadside breathalyzer as well as the State breath test after client was placed under arrest.  We were not able to reach a non-DUI resolution in Roswell Municipal Court through negotiations, so the case was sent to Fulton County State Court for trial.  Mr. Sullivan elected to trust a judge in Fulton County State Court to decide this case over a jury and the judge found our client Not Guilty of the DUI and Not Guilty of the Failure to Maintain Lane, but convicted our client of Speeding (we did not dispute our client was speeding).  The judge gave a nominal fine on the speeding charge that our client was more than happy to pay.