|
COMMERCIAL DRIVER'S LICENSE WARNING!!!!
PILOT WARNING!!!!
PROFESSIONAL CERTIFICATION WARNING!!!!
Metro Atlanta 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 Henry County, City of Hampton, March 28, 2009. Client arrested for DUI while driving friends back to their hotel after the NASCAR Sprint Cup Series Kobalt Tools 500 at Atlanta Motor Speedway in Hampton, Ga. Client turned left onto an on ramp where there was a no left turn sign. Officer from the Georgia State Patrol made the initial stop but did not complete a supplemental police report and could recall almost no facts from the stop. An assisting trooper completed the stop because he would receive "more credit" than the Sargent for making a DUI arrest. The assisting trooper performed Horizontal Gaze Nystagmus Test, Rhomberg Balance Test, and a preliminary breath test and arrested the client for DUI less safe. The HGN was not performed pursuant to Officer's training under NHTSA standards or GAPOST standards. Strobe lights were left flashing in the Client's eyes which cause nystagmus as well as alcohol. The Officer allegedly observed 6/6 clues and concluded that there was a 88% chance that Client was over 0.10 Blood Alcohol Content. Officer then performed the Rhomberg balance test and determined that Client counted to 30 in 20 seconds indicating he consumed alcohol. Actually a fast count indicated stimulants like caffeine and not central nervous system depressants like alcohol. Trooper claimed client had slurred speech, red glassy eyes and swayed during the encounter. Arresting Officer did not recall these facts. Jury deliberated and found client NOT GUILTY OF DUI LESS SAFE under Georgia law. They concluded that client was not innocent but that State had failed to prove guilty beyond a reasonable doubt.
2) DUI Henry County, Georgia: November 10, 2008. Client arrested for DUI in April of 2008 for allegedly weaving and no tag light. Video showed no weaving and you could not tell the tag light was out. Police followed the Client for 4 miles on Interstate I-75 and client did not weave at all. Client did well on the Walk and Turn despite officer's claims to the contrary. Officer did not give client complete and accurate instructions on the walk and turn. Client was in a tight short dress and high heels with no coat in 40-50 degree weather. Client was only able to hold her foot up for 4, 8, 16 seconds respectively. She did not slur her speech, have red and glassy eyes or stumble when she walked. Jury found client NOT GUILTY on both DUI and Failure to Maintain Lane.
3) DUI Henry County, Georgia: September 26, 2007. Client arrested for DUI in July 2006. While case pending client arrested in November 2006. Recommendation was 30 days in jail. Client wanted to plea to first DUI, but denied DUI on second case. Witness problems caused the second DUI to be tried first. Client was pulled over for failure to maintain lane, i.e., driving in Henry County after midnight. Specialized DUI "HEAT" Officer alleged client hit center line and fog line twice in a mile, stumbled getting out of car, spoke too crisply, and stood too stiff-not loose enough. As if you could will yourself not to slur and sway when intoxicated. Client refused both field tests and breath tests on attorney advice. Video showed no weaving, no stumbling, and client spoke with a clear voice telling his father on cell phone that he had maybe two beers in four hours. Court allowed the State to bring in witnesses from first DUI as a "similiar transaction" even though client had not been convicted of that DUI. Jury deliberated intensely for 7 hours before returning with NOT GUILTY verdicts on all counts including the failure to maintain lane and DUI. Client pled to first DUI after trial with no license suspension and less than 24 hours in jail.
4) Henry County DUI, Georgia: August 30, 2007. Client put on jury trial for DUI less safe and speeding. Client was traveling from a work Christmas party where she had consumed three alcoholic beverages. She was stopped for speeding by the Henry County Police. The Officer observed her for over 2 miles and saw no weaving or drifting within the lane. When he pulled her over her eyes were normal, her speech was normal, her walk was normal, and she did not fumble for her license. Another officer arrived with a field breath test who determined she was positive for alcohol. A third officer arrived. He was a special DUI officer on a specialized HEAT Unit. The officer testified that the HEAT Unit is required to make 30 DUI contacts a month, and they enforce the Zero Tolerance Operation. The Officer testified that he is expected to arrest as many people as possible for DUI. The HEAT Officer testified contrary to the other Officers that the client had red and glassy eyes, slurred speech and was unsteady on her feet. The Client declined to perform field tests and refused the breath test at the police station. The jury deadlocked 5 NOT GUILTY and 1 guilty and a mistrial was declared. A retrial is not expected.
5) DUI Henry County, Georgia: August 28, 2007. Client put on jury trial for DUI less safe. Client rear-ended another driver at a stop light because she was answering her cell phone. She testified that she drank between 2-4 beers from pitchers over a period of 4 hours. Officer asked for field sobriety tests, and she refused claiming that she had friends who were police who told her not to take the tests. Officer alleged that she had strong odor of alcohol, mumbled speech, and "glossy" eyes. There was no indication that she was unsteady on her feet. She was taken to Jail for DUI where she refused the breath test on the Intox 5000 claiming a police officer friend told her not to blow in this situation. The Jury was out for 30 minutes and came back with a NOT GUILTY verdict on DUI less safe. The case was tried by DUI Attorney Kevin Duda of our office.
6) Henry County DUI, Georgia: June 16, 2007. Client put on jury trial for DUI less safe. Client pulled over for speeding 86 in 65 on I-75 near Jodeco Road Exit. Client showed 6/6 clues on HGN, broke stance on walk and turn, took improper number of steps and turned in wrong direction. Client passed One Leg Stand. Client had been attacked in a bar parking lot, Crazy Horse Saloon, in Clayton County and had blooded nose, swollen lip and cuts and scratches on face and around eyes. Jury attributed clues on field tests to injury. Client testified to drinking 1-2 beers and being designated driver. Client found NOT GUILTY ON DUI by jury and admitted speeding.
7) DUI City of McDonough, Henry County, Georgia: April 16, 2007. Client put on jury trial for DUI prescription drugs. Jury selected. Court heard pre trial motion regarding legality of traffic stop based an anonymous tip. Court held stop not made with articulable suspicion because vehicle was parked and police activated blue lights before observing illegal activity. Case dismissed by Judge. State is deciding whether to appeal.
8) DUI Hampton, Henry County, Georgia: February 28th, 2007. Client put on jury trial for DUI per se under 21 (0.02 as opposed to 0.08 legal limit), DUI less safe. Client was stopped at a road block. Client was not observed driving unsafely. Client testified to consuming 2 beers over two hours and taking Nyquil cold medicine which client did not know was 10% alcohol (more than beer or wine close to a liquor). There was no video. Client turned heel after getting out of car. Client did not follow directions on HGN (eye twitching test). Client walked a line with maybe 1 or 2 minor faults. Client could not stand one leg for 30 seconds and testified that he could not do that under normal circumstances. Client took a breath test and blew 0.07 or 3.5 times over the under 21 limit. Officers admitted breath machine has +/- 0.02 margin of error and that he did not observe Defendant for twenty minutes prior to test to ensure no residual or mouth alcohol. Jury found client NOT GUILTY on all counts.
9) DUI Henry County, Georgia: Oct 26, 2006. Client put on jury trial for DUI less safe/refusal. Client seen making a wide turn out of a driveway at 3 am on two lane road, then observed hitting the fog line twice in half mile. Defendant steady getting out of car. Six of six clues on HGN. Did not touch heel to toe on walk and turn. Foot down twice on one leg stand. Refused breath test. Client's passenger testified that client drove fine and was not noticably impaired. Jury found client NOT GUILTY on all charges. Jury found lane changes not made without safety and too much evidence of what client did right on field evaluations to find less safe beyond a reasonable doubt.
10) DUI Henry County, Stockbridge, Georgia: September 25, 2008. Client put on a bench or judge trial for DUI less safe/refusal of breath test. Client was stopped at 3 am on Rock Quarry Road in Stockbridge for making an abrupt stop and turning left with a signal. Officer observed an odor of alcohol and red and glassy eyes. Client eyes were red and glassy in court. Client's speech was not slurred; he got out of his car normally; produced his driver's license wihout fumbling, walked normally to the rear of his car and did not sway during HGN at the rear of his car. He told the Officer that he had sore feet and weak knees. She performed field sobriety exercises anyway. He did not step off-line on the walk and turn and turned to quickly. He placed his foot down on the One Leg Stand but swtiched feet on his second try evidencing his bad knees and feet. Court found that there was not enough evidence of less safe driving and any clues observed on the field tests could be attributable to his bad feet and knees. He was found NOT GUILTY of DUI less safe.
|
