Recent Successes

  

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.

Our initial defense strategy hinged on a motion to suppress evidence. We filed the motion on the grounds that our client was not properly read his implied consent rights. After reading the motion, the prosecution agreed to a reduced plea of reckless driving, which the client accepted. He was sentenced to a fine, 40 hours of community service, and a 20-hour DUI school.

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.





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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