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.
Tagged: Juvenile DUI
Municipal Court of Atlanta: Underage DUI – Case Dismissed
Underage client was driving in the Georgia Tech area and was pulled over by an Atlanta DUI Task Force Officer. Client admitted to drinking but performed very well on the field sobriety evaluations. The Officer requested that client submit to a blood, breath, and urine tests because he also suspected drug use and our client agreed. The breath and blood test showed an alcohol level in excess of the legal limit, but the urine screen was negative for drugs. After a thorough investigation, we concluded that the traffic stop was unjustified and presented this information to the City. After lengthy negotiations, the City agreed to dismiss the DUI.
Troup County: Underage DUI (.202 blood test) Reduced
19-year old client left the roadway and crashed into a tree, but avoided serious injury. Had to be extricated from the totaled vehicle and transported directly to hospital for examination. In the ambulance, implied consent was read and blood test consented to, results came back .202. Because the officer did not make an arrest prior to implied consent, the blood test results were suppressed. This left only a serious accident, the odor of alcohol and an admission of underage drinking. On the eve of trial, the prosecutor agreed to reduces the DUI to Reckless Driving, with probation and alcohol monitoring.
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.
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.