Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic. Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over. Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.” Our client refused to blow on the alcosensor, and later refused the state’s breath test. Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, Adam Brown persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.
Our under 21 client was stopped by Johns Creek Police while trying to exit a parking lot without his headlights on. Our client declined field sobriety evaluations but agreed to take the State breath test resulting in a .056 result. The legal limit for someone under 21 is .02. The Prosecutor acknowledged there were issues with the stop and admissibility of the test result and decided to reduce the under 21 Johns Creek DUI charge to reckless driving.