Troup County: Underage DUI (.202 blood test) Reduced

19-year old client left the roadway and crashed into a tree, but avoided serious injury. Had to be extricated from the totaled vehicle and transported directly to hospital for examination. In the ambulance, implied consent was read and blood test consented to, results came back .202. Because the officer did not make an arrest prior to implied consent, the blood test results were suppressed. This left only a serious accident, the odor of alcohol and an admission of underage drinking. On the eve of trial, the prosecutor agreed to reduces the DUI to Reckless Driving, with probation and alcohol monitoring.

Municipal Court of Atlanta: Underage DUI – DUI Dismissed

Underage client was detained at an intersection in Atlanta because her intoxicated passenger was causing a disturbance. The disturbance drew the attention of a City of Atlanta police officer who was nearby working  the scene of an unrelated car accident. The officer approached our client, searched her car and immediately placed her under arrest. The officer failed to complete a DUI investigation and failed to read our client Georgia’s Implied Consent notice. Client was never offered the opportunity to take a chemical test and was immediately transported to the jail. The DUI was dismissed and we were able to successfully resolve her case with a plea to a minor traffic offense, a small fine, and community service hours. 

DeKalb County State Court: Refusal and Speeding – DUI Dismissed

Client pulled over for speeding on Ponce de Leon Avenue. Officer noticed wristbands from a bar on client’s wrist and suspected him of drinking. Report noted many of the usual manifestations of impairment – strong odor of alcohol, slurred speech, and clues of impairment on the standardized field sobriety evaluations. Client was arrested for DUI and Speeding but he refused the State’s request for a chemical test. While viewing the video, we heard a conversation between two officers after they had dropped off our client at the jail. The arresting officer told the assisting officer that the DUI charge against our client would likely be dismissed. When we approached the State with that information and urged a dismissal of the DUI charge due to a lack of evidence showing impairment, the State refused. After motions were heard in the case, the State finally agreed to dismiss the DUI. Client entered a plea to Reckless Driving and was thrilled that we were able to save his license, keep him out of jail, and avoid a DUI conviction!

Fulton County State Court: .222 Breath Test and Accident – DUI Dismissed

Client was pulled over after failing to maintain her lane and not using her turn signal while turning onto Piedmont Road in Atlanta. As the officer approached her, she accidentally backed into his patrol car! She was charged with Failure to Signal, Failure to Maintain Lane, Reckless Driving, Improper Backing, DUI Per Se, and DUI Less Safe. At the jail she blew .222 on the Intoxilyzer 5000. Her case began in the City of Atlanta Municipal Court but we decided to transfer it to the State Court of Fulton County for trial. A year and a half after her arrest, her case was finally accused in Fulton County. We knew that there were extenuating circumstances with one of the police witnesses and that the State may have trouble getting him to come to court to testify. The State offered to dismiss the DUI and the client entered a plea to Reckless Driving. Excellent result for a .222 accident case!

Smyrna Municipal Court: .141 Breath Test – DUI Dismissed

Client was pulled over in Smyrna, Georgia for making an improper turn and driving with no headlights. The report noted that client smelled of alcohol, had slurred speech, and admitted to drinking three beers that evening. Client agreed to perform field sobriety evaluations and the video showed a mediocre performance on those evaluations. A breath test was administered at the scene and the result showed positive for alcohol. Client was subsequently arrested for DUI. When the officer read Georgia’s Implied Consent Notice, he gave our client some misleading information that led our client to submit to the state-administered breath test. At the City of Smyrna jail, our client blew a .141 on the Intoxilyzer 5000. We fought hard to convince the Prosecutor that the incorrect and misleading information persuaded our client to submit to the breath test. The Prosecutor eventually agreed and we resolved the case with a plea to Reckless Driving. Client’s license was saved, he stayed out of jail, and he avoided a DUI conviction! 

Roswell Municipal Court: .163 Breath Test Case Reduced

After being stopped for Failure to Maintain Lane and Failure to Stop at Stop Sign, client agreed to take Field Sobriety Tests. Officer administered these tests very poorly, and otherwise our client looked and acted completely sober. Despite blowing .163 on the Intoxilyzer 5000, the prosecutor agreed that with the poor administration of FSTs and lack of manifestations, it was questionable that probable cause could be established. Reduced to Reckless Driving.

Cobb County State Court: Refusal and 2nd Offense in 10 Years – DUI Dismissed

Client was found in the parking lot of a business in Kennesaw, Georgia after hours. Two witnesses reported to the officer that client had been in an accident prior to when the police arrived on scene. The officer reported that our client was not responding to his questions and that there were two open bottles of liquor found in the car. Client’s case began in Kennesaw Municipal Court but was transferred to Cobb County State Court for trial. After several failed attempts to convince the Solicitor to dismiss the DUI, and a pre-trial conference with the judge, Client’s case was finally reduced to Reckless Driving on the morning of trial. This was a second DUI arrest in ten years, so the stakes were high and we had to keep fighting until we resolved it without a DUI conviction. Client entered a plea to Reckless Driving, paid the lowest fine allowable under the statute, and his case was closed!

Juvenile Court: DUI Reduced to Reckless Driving

This 16-year old client was stopped in Sandy Springs after midnight for driving without headlights. She was arrested for DUI and submitted to a breath test, blowing 0.111 (the limit for under 21 drivers being 0.02). Two motion hearings were held in Fulton County Juvenile Court, and the case was set for an adjudication hearing (trial). We filed one last motion claiming the Implied Consent Law violated a child’s rights under the Juvenile Code; and after 18 months of vigorous defense, the ADA finally agreed to drop the DUI charge, and she admitted to Reckless Driving.

DeKalb County State Court: .232 Breath Test, Under-21, Accident – DUI Dismissed

Under-21 client was involved in a car accident in her neighborhood. As she was looking at the damage to her car, her passenger climbed into the driver’s seat, put the car into reverse and hit her!  The Dekalb County Police Department was called to the scene and immediately arrested her for DUI, without doing any investigation or checking her for injuries. At the jail, she blew a .232 on the Intoxilyzer 5000. During a pre-trial hearing, it was clear that the officer did no investigation before deciding to arrest her. The Solicitor then requested a recess and offered to reduce her case to Reckless Driving. We were able to reset the case until the client turned 21 to save her driving privileges. Client entered a plea to Reckless Driving and was thrilled with the result.

Doraville, GA: DUI Reduced to Reckless Driving

An exotic dancer was leaving her place of employment late at night and was pulled over by Doraville police for failing to maintain her lane. Although she admitted having drinks before she left work, she insisted she had passed a breathalyzer test at her club before being allowed to leave, as was the practice of the club. When she refused to perform field sobriety tests, she was arrested for DUI. In part because she arguably looked pretty normal on the video, the prosecutor agreed to drop the DUI charge upon a Nolo plea to Reckless Driving and Failure to Maintain Lane.