| Recent Atlanta DUI and Fulton DUI Jury Trial Not Guilty Verdicts in Atlanta and Fulton County |
COMMERCIAL DRIVER'S LICENSE WARNING!!!! Metro DUI 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 Atlanta - Buckhead, Fulton County, Georgia: February 12, 2010. Client ran a red light coming home from her job as a bartender. She was pulled over by a Georgia State Patrol Trooper from the specialized DUI task force known as the Night Hawks. Client appeared normal on the video, her speech was normal, and was walking normally in 3 inch heels. She was asked to follow a pen with her eyes by the trooper to check for jerking. She did not sway. Supposedly the trooper saw 6/6 clues indicating impairment, but he admitted on cross examination that the test was only 77% accurate. Further, the video did not show the last two clues on the eye jerking test. Client was told to remove her heels for the walk and turn which she did with one hand standing on one foot. She walked normally on the video. Trooper claimed she showed clues of impairtment but admitted the test was only 68% accurate. She had difficulty balancing on one foot but Trooper admitted that the test was only 66% accurate. The jury was out for 15 minutes and found client NOT GUILTY OF BOTH THE DUI AND RED LIGHT CHARGE. We did not even contest the red light charge in our closing arguement. 2) DUI Atlanta - Buckhead, Fulton County, Georgia: November 20, 2009. Client went to to jury trial under threat of over ten days in jail upon a guilty verdict. Client was driving south on Piedmont in a newly purchased used car with dim tail lights. He was pulled over by a Georgia State Patrol Trooper who smelled alcohol and demanded field sobriety evaluations. The arrest was captured on video. In the beginning of the video, Client was seen driving safely without any weaving or erratic driving. Client was given the HGN test (eye jerking test) by Trooper with a strobe light in his eyes. Trooper admited that strobe light can cause jerking of the eye. Trooper admitted he did not perform HGN according to his training which compromised the inferences which could be drawn from the test of impairment. Client performed poorly on walk and turn test, but Trooper admitted that test was only 68% accurate and poor performance could be caused by poor balance, coordination or shoes in extremely worn condtion. Client performed poorly on the One-Leg Stand on the first two attempts but performed almost perfectly on third attempt after he had taken off his worn shoes. Client refused all breath tests but stated that he would take a blood test. Trooper refused to give client a blood test and charged Client with refusal. Jury found client NOT GUILTY ON DUI LESS SAFE and guilty on no tail light. 3) DUI Atlanta - Buckhead, Fulton County, Georgia: November 16, 2009. Client tried DUI charge before a judge without a jury. Client had taken a breath test and blown over .08 but result was excluded because DUI police officer gave client illegal information about his license being suspended. The HGN test (eye jerking test) was excluded by agreement of the attorney's as the officer mis-timed his passes and did not perform HGN test according to his standardized training. Officer testified that Client showed 3/8 clues on the walk and turn test. Client performed the One Leg Stand without showing any clues of impairment. Judge found client NOT GUILTY OF DUI because client looked good on video and was forced to perform field tests in the middle of the street in turning lane surrounded by heavy traffic. 4) DUI Alpharetta, Fulton County, Georgia: October 19, 2009. Client was forced to jury trial on DUI case with threat of significant jail time. Client pulled over for running a red light by highly trained City of Alpharetta, Georgia DUI task force officer. Officer smelled alcohol, noticed client was driving on a DUI limited driver's license, and discovered client was on probation from a January DUI in Gwinnett County, Georgia. Client's speech was normal. Client walked normally. Officer performed Horizontal Gaze Nystagmus (HGN) test found 4/6 clues and testifed that Client was over 0.10. Georgia legal limit is 0.08. Client performed walk and turn test with 5/8 clues. Client performed one leg stand with 0/4 clues. Client said alphabet from D to X and allegedly missed some letters at end by skipping from R to X. Officer admitted on cross that HGN is only 77% accurate and that clue that wasn't present indicated that client's blood alcohol content was between 0.05 and 0.08. Client looked normal on video on walk and turn. Officer admitted on cross that client passed the One Leg Stand. Judge let conversation on video about probation and driving on a DUI permit in evidence over strenuous objection by Defense Counsel but gave a limiting instruction that jury was to consider only facts of this date and not prior DUI. Video show client was 95% through the intersection when light turned red and accusation stated that she entered intersection on a red light. Jury returned a verdict of NOT GUILTY in twenty minutes on three counts of DUI and running a red light. 5) DUI Fulton County, College Park, Georgia: October 3, 2007. Client involved in rear end accident without serious injuries and with little or no property damage with another driver on exit ramp to freeway in December of 2005. Recommendation prior to trial was 30 days in jail with probability of 12 months in jail after a loss at trial. Similar transactions were excluded based on lack of proper notice. Client refused all field test and breath tests and allegedly cursed officer. Client claimed that he did not curse officer and requested a blood test. Accident victims and 2 police officers testified that Defendant was drunk, had slurred speech, threw bottles from vehicle, but their testimony was inconsistent. Evidence existed that victims met with Officer prior to trial and discussed case. Evidence existed that victims were trying to bring a civil suit to collect damages. Police officers did not produce video tape and testified that they never looked for video tape and police report was lost. Jury found the inconsistencies in Officer testimony and victim testimony too great to overcome reasonable doubt. Client found NOT GUILTY on all DUI Alcohol and Drug counts. 6) DUI Atlanta (Virginia Highlands) , Fulton County, Georgia: May 3, 2007. Client put on jury trial for DUI after his car was stuck in an abandoned field on an old railroad track bed. Client was being driven by a friend who fled the scene. The friend testified at trial that he actually drove. The Police said no way another person drove the vehicle. A neighbor testified that there was only one person at the scene although it was dark and he could not identify client. The Friend's girlfriend testified that she received a call from client stated that her boyfriend abandoned him when the car got stuck even before the police arrived. Jury believed that another person drove and the State had accused that the act occurred on a local street when the act occurred in a vacant lot. Client found NOT GUILTY on all charges. 7) DUI Atlanta, Fulton County, Georgia: February 8th, 2007. Client put on jury trial for DUI per se (.126), DUI less safe. Client was sleeping in a parking lot of a Fire Station keys in ignition, engine running at 5:00 am. Police respond to 911 call from the Fire Department of a suspicious vehicle. Police assumed client drove. Police exaggerated client's statement of driving and later added he was paraphrasing and concluding. Officer admited that he never asked client if he drove and client never used the work driving in response to questioning. Client was pulled from car and given field evaluations. He showed 6/6 clues on HGN but did not follow training, missed heel to toe on walk and turn, and client passed the one leg stand. Client was arrested and taken to jail and blew 0.126 on the Intoxilyzer 5000. Officers did not follow their training in the breath test procedures. The jury came back NOT GUILTY ON ALL COUNTS based on a lack of proof of driving beyond a reasonable doubt. 8) DUI, Atlanta, Fulton County, Georgia: Nov. 2, 2006. Client put on jury trial for DUI breath test/less safe, reckless and open container. Client pulled over for drinking a beer while driving and weaving everytime he took a drink. Client admitted two beers previuosly. Client had been tickted an hour and half earlier with no indication of alcohol by another officer for a simple traffic violation. Client had normal speech, eyes, walk, and face. Client show clues of impairment according to Officer on HGN, walk and turn and one leg stand. Video showed client appearing sober but not performing fields perfectly. After arrest officer told client that he might let him go if he blew under legal limit, so Court excluded breath test as Officer negated arrest necessary for Implied Consent. Jury found client NOT GUILTY on DUI and guilty on reckless driving which client had offered to plea to before trial. 9) DUI, City of College Park, Fulton County, Georgia: Sept. 26, 2006. Client put on jury trial for DUI, Failure to Maintain Lane and Open Container. Client was stopped after he was observed weaving and pulled into a parking lot. Officer proceeded with field evaluations which Officer alleged client failed. Video showed sobriety. Client submitted to a Intox 5000 breath test with the results of .145. Client requested a blood test but was denied. Officer did not wait twenty minutes prior to Intox breath tests as required by GBI procedures. Judge denied motions to exclude breath tests. Jury found client NOT GUILTY on all charges. Open container was thrown out by judge for lack of evidence.10) ARMED ROBBERY PARTY TO A CRIME, City of Atlanta/Buckhead, Fulton County, Georgia: March 23, 2007. Client put on jury trial for being in a car with person identified in a pedestrian armed robbery. After a five day trial driver was found guilty and client was found not guilty of party to a crime armed robbery along with 3 other co-defendants, despite identification of client in a car near the incident soon after the robbery. Victim described his assailant as 5'9" and not 6'3", wearing a red shirt , baggie pants and braids, described a green chrysler sebring as opposed to a silver chevrolet impala found, did not mention a carribean accent, not wallet or credit cards found in car twenty minutes after incident, guns in car did not match gun in incident. The only link to the victim was a cell phone allegedly found in the co-defendant driver's pocket which was not cataloged or photographed unlike every other piece of evidence in incident. Client found NOT GUILTY by jury of party to a crime armed robbery.
November 2007: four DUI charges reduced to reckless driving.
November 2007: four DUI charges reduced to reckless driving.
February 2007: two DUI charges reduced to Reckless Driving without hearing. Two Clients offered Pretrial Intervention (dismissal) without hearing.
January 2007: three DUI charges reduced to Reckless Driving without hearing. One Clients offered Pretrial Intervention (dismissal) without hearing.
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