Recent Successes: Coweta County, NOT GUILTY on failure to maintain lane and DUI - in 20 minutes

31-Jan-2011

DUI Coweta County, Roscoe Road, Ga Hwy 70, February 13, 2009.  Client was pulled over for allegedly weaving.  Video revealed no weaving.  State Patrol Trooper testified that although client was speaking in a normal voice, got out of his car normally, and walked normally that he was less safe because he failed an eye jerk test or Horizontal Gaze Nystagmus (HGN) and had an odor of alcohol and old beer bottles in his truck. 

Video showed that Trooper failed to perform the HGN test according to his training and client appeared stone cold sober on video despite admitting drinking 2-3 beers in 2-3 hours. Client refused a test of his breath. The breath test rights were confusing to client who thought the Trooper was referring to a road side breath test and not one at the jail on the state certified machine. JURY found client NOT GUILTY on failure to maintain lane and DUI in 20 minutes.  Court directed a verdict on the open container charges as there was no proof of alcohol content on the beer bottles found in the car a requirement of the statute. 


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