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!
Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week. The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph. He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer. The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.