| Recent Atlanta DUI and Fulton DUI Jury Trial Not Guilty Verdicts in Atlanta and Fulton County |
| Thursday, 30 August 2007 | |
COMMERCIAL DRIVER'S LICENSE 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 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. 2) 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. 3) 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. 4) 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. 5) 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.6) 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.
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