Fulton County DUI: Charge Dismissed

An Atlanta Police Officer working part-time with Midtown Blue arrested our client in April 2012 after a disturbance at a convenience store at about 8:00 am. Client declined to do field sobriety tests or breathalyzer, but was taken to Grady Memorial Hospital after fainting from an anxiety attack. We retrieved medical records from Grady showing that client was not intoxicated, and the solicitor dismissed the DUI charge. No other charges were brought.

Alpharetta DUI: “Refusal” Stricken, Charges Dismissed During Trial

Client investigated in Apartment Complex parking lot for Reckless Driving and DUI. Told cops he had just consumed one drink just as he had pulled up and parked. After field sobriety tests, he was arrested, read implied consent and declined a breath test, saying, “No, I’d like to take a blood test.” The officer’s reply on video was “okay.” After being bound over to Fulton County, a bench trial was conducted along with motions simultaneously. A conflict was developed between the two officers’ testimony regarding whether there was a traffic stop with witnessed driving, or whether the property manager had asked the officer to find the white truck and investigate. The Court ruled that there was no refusal, as charged by the State, due to the officer’s response. And more importantly, she held that the State had not carried its burden of showing the initial detention to be lawful. DUI and Reckless Driving dismissed.

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!

Fulton County State Court (State Patrol Nighthawks): .122 Blood Test DUI Dismissed

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.

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.

State Patrol NightHawks: DUI Dismissed

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.

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.

Fulton County State Court: Milton DUI 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.

Fulton State Court: Alpharetta, GA DUI Reduced to Reckless Driving

John was leaving a concert at Verizon Amphitheater with his wife and another couple when he was stopped for briefly straddling the lane divider. After doing poorly on field sobriety tests, he was arrested and charged with DUI. We showed the prosecutor medical records indicating our 61-year old client had recent back problems, explaining his poor performance. And we pointed out that he had not refused a breath test, he had simply insisted on speaking with an attorney before blowing, which the arresting officer took as a refusal. The DUI was dismissed upon a plea to Reckless Driving.