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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.

Client was charged with DUI drugs and alcohol, DUI drugs less safe, DUI alcohol less safe, and improper stopping in Fulton County State Court. State could not prove that Defendant was not having a low blood sugar episode. Client was found not guilty of DUI alcohol less safe and guilty of improper stopping on a highway. The DUI drugs less safe and DUI drugs and alcohol charges were Nolle Prosequi (not prosecuted). He was sentenced to pay a $280 fine.

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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