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Clayton County DUI Lawyer Recent DUI success stories: The only unwinnable DUI is the untried DUI!  Stay tuned for more victories.  The wins just keep on coming!  Past success does not guarantee future results only a dedication to winning your DUI, hard work and our clients.

1) DUI Clayton County, Georgia: July 16, 2010.  Client put on trial before a jury for DUI per se (breath test DUI), DUI less safe (impairment DUI), improper lane change, reckless driving and failure to maintain lane.  Client, a college student in his 20's, was facing minimum sentence for a 1st time DUI but significant jail time if he lost at trial as judge indicted pre-trial and a DUI on his record for life.  Client was alleged to have had a single car accident on the ramp to I-285 from I-75 South by a Clayton County Officer.  An off-duty Atlanta Police Officer was first on the scene and a concerned citizen reported the crash but neither caller nor the Atlanta Officer's name or contact information was taken by Clayton DUI Police. Not one of three Clayton DUI Police Officer asked if Client was driving or if there was anyone in his car. Client merely stated that he was heading home after having a few classes of wine.  Police alleged that client was unsteady on his feet and failed field sobriety tests.  Cross-examination revealed that client did reasonably well on fields evaluations for a person involved in crash and that he had no burns on his inner arm from the airbag in the steering wheel. Client allegedly blew 0.095 on the Intoxilyzer 5000 which was established to be inaccurate on cross-examinaiton based on fever, test taken before blood alcohol peak on the alcohol curve and not knowing if the Defendant's partition ratio of breath to blood was 1:2100 as the machine assumes. All of this was done with State witnesses using their own training manuals. The Jury found client NOT GUILTY on both DUIs, improper lane change and even on reckless driving but guilty on failure to maintain lane.  

2) DUI Clayton County, Georgia: October 7, 2009.  Client put on trial before a jury for DUI less safe and failure to maintain lane.  Client, a 47 year old commercial truck driver, was facing the loss of his driver's license and ability to earn a living.  Client was allegedly observed weaving by a Clayton County Officer.  Client was talking on his cell phone and searching for a CD and admitted weaving.  Police alleged that client was so drunk that he staggered out of his car, failed field sobriety tests and then urinated on himself.  Cross-examination revealed that client needed to use the restroom soon after being pulled over and was forced to wait almost an hour and a half on the side of the road and was not allowed to use the bathroom.  Client appeared sober on the video and his poor performance was attributed to the need to urinate by the jury.  One police officer testified that client did not have slurred speech while the other testified that he did.  Two of three videos were not produced at trial. One of the officers was training a rookie in DUI field test but could not remember his own training.  The Jury found client NOT GUILTY in 30 minutes and did not even ask to review the video again.  

3) DUI Clayton County, Georgia: September 22, 2009.  Client put on trial before a jury for DUI less safe and running a red arrow light. Client was pulled over for running a red arrow on Tara Blvd.  DUI police officer smelled an odor of alcohol, observed red and glassy eyes and slurred speech.  The DUI Officer had client step out of the vehicle.  Client had no trouble getting out of her vehicle. DUI Officer alleged that client stumbled on the walk to the back of her car.  Officer asked Client to perform 2 of 3 standardized field sobriety tests including the walk and turn and the one leg stand.  DUI Officer claimed that Client stepped off line, did not maintain her balance during the instructional phase and made an improper turn.  On cross-examination, the Officer admitted that according to his training manual Client did not show a lack of balance during the instructional phase nor did she make an improper turn.  DUI officer claimed that she stepped off line by not placing her feet directly infront of each other on an imaginary line but rather placed them only half way in front of each other.  Officer admitted after being confronted with his training manual that the walk and turn test did not show impairment.  On cross-examination, the DUI officer admitted that Client only swayed while counting to 40 by one thousands on the one-leg stand indicating only 1 of 4 clues.  Officer admitted that the one leg stand did not indicate impairment either.  Client refused the state administered blood test at jail.  Jury deliberted for 30 minutes and found Client NOT GUILTY of DUI.

4) DUI Clayton County, Georgia: September 4, 2007.  Client put on jury trial for DUI less safe after being observed weaving over the roadway and sleeping at a traffic light.  Client did not show red and glassy eyes, slurred speech,  no stumbling or staggering, and walked the line. She claimed that one consumed one wine and was sleepy not impaired.  Officer neglected to read implied consent at scene so no breath test was in evidence.  State offered client a reduction to reckless driving during jury selection when majority of jury panel indicated that they would require a breath test to convict client.  Client's DUI charge was DISMISSED and she pled to reckless driving a 4 point traffic offense. 

5) DUI Clayton County, Georgia: May 24, 2007. Client put on jury trial for DUI less safe.  Client pulled over for driving on the wrong side of the road and failure to maintain lane.  Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand.  Clayton County Heat Unit Officer Derek Presley testified inconsistently with trial testimony, with his police report and with the video.  Client was arrested and blew 0.079 under the legal limit.  The Prosecutor stubbornly would not reduce or dismiss the DUI charge.  At first trial, the Jury deadlocked 4 to 2 on the DUI and a mistrial was declared.  Second Trial Jury found client NOT GUILTY of all DUI charges in fifteen minutes.   Jurors commented that Officer testimony inconsistencies demanded not guilty verdict.

6) DUI Clayton County, Georgia: December 22, 2006. Client put on jury trial for DUI less safe.  Client pulled over for driving on the wrong side of the road and failure to maintain lane.  Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand.  Client was arrested and blew 0.079 under the legal limit.  The Prosecutor would not reduce or dismiss the DUI charge.  The Jury deadlocked 4 to 2 on the DUI and a mistrial was declared.  Client was found guilty of the traffic violations and sentenced.  A retrial on the DUI charges is possible but unlikely at this time.

Non-DUI Criminal

1) Running a Stop Sign, June 2008.  Client involved in an automobile accident.  He was in median an struck by another vehicle. Other driver was cited for too fast for conditions and plea guilty.  A guilty plea to a traffic accident is considered negligence per se or automatic liability.  Client suffered severe injuries and wanted to recover damages.  A guilty plea would prevent that from happening.  Client took accident to trial.  Extensive photographic evidence taken at scene indicated that client was not at fault and other driver speeding and lost control.  Officer stubbornly refused to back off of stop sign violation.  Case tried before a Judge.  Judge found client NOT GUILTY.  Client may now proceed to recover damages in possibly in the hundreds but at least tens of thousands of dollars as his medical treatment continues and recovery is uncertain. 

2) Drug Possession Clayton County, March 2008.  Client arrested during a search of a house where he was sleeping.  Search warrant listed address and not client.  Police entered house , woke client up and searched Client and found no weapons but emptied his pockets without  consent upon feeling a small pouch.  Police are not allowed to search persons other than for weapons when executing a search warrant when the person is not listed in the warrant or without consent or probable cause of criminal activity.  The alleged drugs were excluded from evidence as a result of the illegal search.  Case against client was dismissed.   Owner of house pled guilty to possession but Client's criminal charges were DISMISSED.  Client has since completed successfully a drug rehabilitation program in case he was convicted in order to reduce his punishment.  It is always important to have a back up plan to "not guilty."  Additionally, this is a win/win for client as the criminal charges are dismissed and he gets treatment for any drug or alcohol addiction.

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Atlanta DUI Attorney George C. Creal, Jr. P.C.