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!
Tagged: Cobb County DUI
Cobb County: DUI Dismissed for Lack of Reasonable Suspicion to Stop
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.