Underage client was driving in the Georgia Tech area and was pulled over by an Atlanta DUI Task Force Officer. Client admitted to drinking but performed very well on the field sobriety evaluations. The Officer requested that client submit to a blood, breath, and urine tests because he also suspected drug use and our client agreed. The breath and blood test showed an alcohol level in excess of the legal limit, but the urine screen was negative for drugs. After a thorough investigation, we concluded that the traffic stop was unjustified and presented this information to the City. After lengthy negotiations, the City agreed to dismiss the DUI.
Young female client pulled over in Buckhead by GSP Nighthawks for Failure to Maintain Lane. Arrested for DUI, refused breath test, but Trooper obtained a search warrant for blood. GBI test result was 0.122. After a contested hearing on our motions, the State conceded that the arrest was illegal, and dismissed both counts of DUI. Client simply pled Nolo to FTML, paid a fine and took a Defensive Driving course. Case closed.
Our young female client was stopped by the Georgia State Patrol Nighthawks in the Buckhead area for rolling through a stop sign. She had actually stopped at the balk line, then rolled forward to check for traffic before entering Roswell Road from a side street. After the case was bound over to Fulton State Court, a motion was filed challenging the traffic stop. When the State could not carry its burden of showing that the trooper had reasonable grounds to initiate the stop, our motion was granted and the entire case dismissed.
This client was arrested by Milton Police in August 2011 for DUI, Failure to Maintain Lane and Open Container. She blew a .161 on the Intoxilyzer 5000. Two months later, her case was bound over to State Court. Incredibly, the case was not accused until days before the statute of limitations would run, in August 2013. It was finally set for a motions hearing in January 2014, and we argued that our client’s constitutional right to a speedy trial had been violated. Because it had been 29 months since her arrest, and she had suffered from related anxiety to the point of being prescribed medication, the state court judge dismissed the entire case.
Our client here was going through a troubling time in her marriage, to the point where her husband called 911 when she left their home with her baby, and told the police she was drunk. Cobb County Police were dispatched, and pulled her over a couple miles from her home, despite seeing no traffic violation. She told police she had left in fear for her safety and that of her child, but the cops focused on the odor of alcohol on her breath. When she refused to do any field sobriety tests, she was arrested for DUI and Child Endangerment. The judge heard testimony from the estranged husband and the arresting officer, then watched the video of the stop and arrest; then found there was no lawful justification to pull her over to begin with, and no probable cause to arrest her. All charges were dropped.