Recent Successes

  

HENRY COUNTY STATE COURT: Failure to Maintain Lane - "Thick and Slurred" Speech - Refusal: Not Guilty of All Charges

Friday, January 11, 2013

Our client was pulled over for allegedly driving erratically. The arresting officer wrote in his police report that when he made contact with the defendant he could smell alcohol on his person. According to the report, the officer also observed that our client's speech was “thick and slurred.” Our client refused field tests multiple times, a preliminary breath test, and a state-administered test of his blood. According to the report, once our client was arrested he yelled at the officer, saying he would “f--- him up.” Allegedly our client also banged his head on the partition in the police car, but retained no injuries. more

REDUCED CHARGES: Weaving - Refusal: Client Pleaded to Reckless Driving

Monday, December 31, 2012

Client was following his girlfriend in an ambulance and was pulled over for allegedly weaving. The officer observed bloodshot watery eyes, a strong odor of alcohol, and mumbled slurred speech. The client performed well on field sobriety tests, but the results were distorted in the police report. Client refused the preliminary breath test. The DUI was dismissed. Client plead guilty to Reckless Driving. more

CHARGES REDUCED: Failure to Maintain Lane - Speeding - Refusal: Client Pleaded to Reckless Driving

Thursday, December 20, 2012

Client was pulled over for speeding and failure to maintain lane. Officer observed an odor of alcohol, red, glassy eyes and a lethargic demeanor. Client informed the Officer that she had been drinking but was at home and was called to pick up her friends from a bar who could not drive. Client refused field tests and a breath test, stating that if she took those tests she would fail. Due to her refusal the prosecution had very little evidence to work with and the arresting officer did not obtain a warrant to draw blood. DUI dismissed. Client plead guilty to Reckless Driving. more

CHARGES REDUCED: Failure to Maintain Lane - Mediocre Field Tests - Breath Test Over Limit: Pleaded to Reckless Driving

Wednesday, December 12, 2012

The arresting officer pulled out behind our client and noticed him drifting in his lane. According to the police report, the client's wheels touched the center line multiple times. After the officer pulled him over and made contact, he claimed to notice the the smell alcohol. Reportedly, the client's eyes were watery and bloodshot. Client admitted to having had “a sip but not much more” of alcohol earlier. He consented to field sobriety tests, and performed poorly on the Horizontal Gaze Nystagmus Test (eye test) and moderately well on the nine-step walk and turn. He blew a .116 on a preliminary hand-held breath test. He was arrested and consented to state-administered breath test, which returned a result of .089 BAC. The client was charged with failure to maintain lane, DUI per se, and DUI less safe.  more

CHARGES REDUCED: Failure to Maintaine Lane - Mediocre Field Tests - Refusal: Pleaded to Reckless Driving

Monday, November 26, 2012

Client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for a possible DUI. The officer then had the client step out of the vehicle and asked him how much he had had to drink. The client initially responded that he didn't drink, but later said he drank one beer earlier in the evening. He consented to field sobriety tests.  more

CLAYTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Poor Field Tests: Client Found Not Guilty of All Charges

Monday, November 19, 2012

The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer to reach out and support him. The client was unable to perform the Horizontal Gaze Nystagmus test (eye test) and, according to police, had red and glassy eyes. The client was also unable to perform the walk and turn and one leg stand evaluations, so the police decided to do the finger to nose test. Allegedly, when the police explained the evaluation, our client started too soon, but was still unable to perform it correctly and was then arrested for DUI less safe. When read his implied consent rights, our client nodded yes, but refused to submit to a blood test after being transported to jail. more

CHARGES REDUCED: Failure to Maintain Lane - Speeding - Refusal: Pleaded to Reckless Driving

Friday, November 16, 2012

Client allegedly was speeding and driving erratically. The officer paced the offender and reported his vehicle speed at 87 mph as our client was pulling away from him. The speed limit was 65 mph. Allegedly, our client continued to drive erratically, speeding and weaving in between cars. According to the police report, there was a strong odor of alcohol emitting from our client's face and person, his eyes were red and glassy, and his speech was slurred. The client admitted to having consumed some cognac before driving. The report notes that our client failed the Horizontal Gaze Nystagmus test (eye test), and claims that he performed poorly other field sobriety tests, but gives not further details. Our client was arrested for DUI and read his implied consent rights, but did not understand them and gave no response. The officer regarded the lack of a response as a refusal and took the client to jail. more

FULTON COUNTY STATE COURT: Failure to Maintain Lane - Refusal: Client Found Not Guilty of DUI and FTML

Thursday, November 15, 2012

Client was pulled over for failure to maintain lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client's eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he had consumed a few beers with dinner and agreed to take voluntary field sobriety exams. He performed poorly on the Horizontal Gaze Nystagmus test (eye test), the walk and turn, and the one leg stand. The client blew into a preliminary hand-held breath test which showed positive for alcohol and was then arrested for failure to maintain lane and DUI. When read his implied consent rights, our client consented to a blood test. The officer specifically requested a breath test and took our client's request for a different test as a refusal. more

FULTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Client Diabetic: Found Not Guilty of DUI

Wednesday, November 14, 2012

Client was asleep at the wheel on Jonesboro Road near I-285 East with the car in drive in the City of Atlanta, Fulton County. When the police approached his vehicle, our client was reportedly disoriented, had glassy eyes and smelled of alcohol. When prompted, the client said that he had had one beer around three hours ago. A strong odor of alcohol greeted the officer when our client stepped out of the vehicle. Our client informed the Officer that he diabetes and believed his blood sugar was low, but said that he was able to perform field sobriety tests. The cop had him state the alphabet starting at B and stopping at M. Our client began with B and ended with Z. The officer asked him to perform the test again and our client started at B and stopped at Q. The officer then had our client perform the walk and turn test, in which he was unable to step heel to toe and stumbled off the line multiple times. He was then arrested and refused any further testing. more

COWETA COUNTY STATE COURT: Anonymous Tip - Refusal - Motion to Suppress Denied: Client Found Not Guilty of DUI and Reckless Driving

Thursday, November 01, 2012

Client was pulled over on I-85 North in Coweta County after an anonymous report of erratic driving. According to police, our client was drifting in and out of her lane. Her tag lights were dysfunctional as well. When the officer approached the vehicle he detected a strong odor of alcohol emitting from the client's person. Reportedly, upon exiting the vehicle the client nearly fell over and had trouble following the officer's orders. The client failed or was unable to complete field sobriety tests. After being arrested, our client refused any further testing and was formally charged with DUI less safe, failure to maintain lane, expired tag, improper tag-light, and reckless driving in Coweta County State Court. more





No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2015 George C. Creal, Jr. P.C.
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