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!
