Tagged: Dekalb County DUI

DeKalb County Accident – DUI Dropped

Client ran off the road, swerved back onto the road and collided with a wrecker.  His sister suffered a pretty bad injury, and he was also taken to the hospital.  A blood test revealed a BAC of .091.  Bob Chestney filed a motion to suppress the blood test results on several legal grounds, and a hearing was conducted.  At that hearing, Mr. Chestney was able to demonstrate on cross-examination that the nurse who testified that she drew our client’s blood had no recollection of doing so, had seen no records indicating she was the blood drawer, and didn’t even know if she was working that night.  She testified that she drew the blood merely because the prosecutor told her so.

The judge threw out the test results, and the State offered to drop the DeKalb County DUI accident charge in return for a plea to the Reckless Driving charge.

DeKalb DUI (.172) – DUI Dismissed

Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood.  The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999).   The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!

DeKalb – DUI (Refusal) – Dismissed

Client was traveling late at night on Interstate 285 in a rental car without her headlights illuminated. She had not driven this rental car in the evening before and was unaware that her headlights were off. A well-trained Dunwoody police officer pulled her over and client stopped right in the middle of the highway! After a brief conversation, and after the client declined to submit to any field sobriety evaluations, he arrested her for DUI. The police officer described client as argumentative, confused, and untruthful in his report. He also noted that he smelled alcohol on her breath. Upon a search of her rental car, he found a variety of prescription medications. Client declined to submit to a breath test at the jail. In court, we convinced the Prosecutor that there was no probable cause to arrest the client for DUI before the motion hearing even began, despite the fact that the client had been arrested for DUI before this arrest, and again after this arrest. We were able to persuade the Prosecutor to let the client enter a Guilty plea to Driving without Headlights and pay a $100 fine. Case closed and client walked free!

DeKalb County DUI: Refusal, 5th Lifetime Arrest for DUI, 1 Prior Conviction – DUI Dismissed

Client was speeding and weaving within his lane in Doraville when he was pulled over by an Officer from the Doraville Police Department. Officer noted that client had very slurred speech, he smelled like alcohol, was unsteady on his feet, and he had bloodshot and glassy eyes. Client did not want to perform field sobriety evaluations and he did not want to submit to a chemical test, and he was subsequently arrested. State refused to dismiss the DUI, so the case was set for a motion hearing. Although the Judge denied all of our motions, the State realized that there was not going to be enough evidence for a jury to convict, so the DUI charge was dismissed. Client entered a plea to Reckless Driving and was thrilled that we kept him out of jail, saved his license, and avoided a conviction for DUI. 

DeKalb County DUI: .12 – DUIs Dismissed During Jury Trial

Client stopped for driving on the wrong side of the road and failing to maintain his lane in DeKalb County. Officer noted that client smelled like alcohol, had slow speech and bloodshot and glassy eyes, but that since his patrol car did not have a video camera, there was no video from client’s traffic stop. Client could not perform the Walk and Turn or the One Leg Stand field sobriety evaluations due to a military injury to his leg and ankle. The State refused to dismiss the DUI charges, so we started a jury trial. After the State put up its evidence, we informed the Court that we were intending to play a video from the jail which showed that the State had violated the 20 minute observation period required before a breath test. The State failed to notice this problem with their case until we pointed it out to them during trial! The State then agreed to dismiss the DUI counts and client entered a plea to Reckless Driving.

DeKalb County DUI Alcohol: Doraville Arrest, Refusal

Client was stopped for several lane violations and driving on the wrong side of the roadway. Slurred speech and strong odor of alcohol coming from client’s breath. Client refused to do field sobriety evaluations and refused to follow officer’s commands. Arrested for DUI and refused breath test. Video shows that client and officer did not get along. On the eve of a motions hearing, the prosecution offered and the client accepted a reckless driving plea.  

DeKalb County State Court: DUI Drugs – DUI Dismissed

Client was involved in a traffic accident on North Druid Hills Road in Dekalb County.  When officers arrived, client admitted to using an illegal substance and drug paraphernalia was also found in his SUV.  After a brief investigation, client was arrested for DUI drugs and he agreed to submit a blood and urine sample.  The screen of his blood showed the presence of an illegal drug in his system, but the identify of the individual who drew the blood was unknown.  On the morning of trial the DUI was dismissed and client entered a plea to Reckless Driving.

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!

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.