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COMMERCIAL DRIVER'S LICENSE WARNING!!!!
PILOT WARNING!!!!
PROFESSIONAL CERTIFICATION WARNING!!!!
Clayton County 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 Clayton County, Georgia: September 4, 2007. Client put on jury trial for DUI less safe after being observed weaving over the roadway and sleeping at a traffic light. Client did not show red and glassy eyes, slurred speech, no stumbling or staggering, and walked the line. She claimed that one consumed one wine and was sleepy not impaired. Officer neglected to read implied consent at scene so no breath test was in evidence. State offered client a reduction to reckless driving during jury selection when majority of jury panel indicated that they would require a breath test to convict client. Client's DUI charge was DISMISSED and she pled to reckless driving a 4 point traffic offense.
2) DUI Clayton County, Georgia: May 24, 2007. Client put on jury trial for DUI less safe. Client pulled over for driving on the wrong side of the road and failure to maintain lane. Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand. Clayton County Heat Unit Officer Derek Presley testified inconsistently with trial testimony, with his police report and with the video. Client was arrested and blew 0.079 under the legal limit. The Prosecutor stubbornly would not reduce or dismiss the DUI charge. At first trial, the Jury deadlocked 4 to 2 on the DUI and a mistrial was declared. Second Trial Jury found client NOT GUILTY of all DUI charges in fifteen minutes. Jurors commented that Officer testimony inconsistencies demanded not guilty verdict.
3) DUI Clayton County, Georgia: December 22, 2006. Client put on jury trial for DUI less safe. Client pulled over for driving on the wrong side of the road and failure to maintain lane. Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand. Client was arrested and blew 0.079 under the legal limit. The Prosecutor would not reduce or dismiss the DUI charge. The Jury deadlocked 4 to 2 on the DUI and a mistrial was declared. Client was found guilty of the traffic violations and sentenced. A retrial on the DUI charges is possible but unlikely at this time.
Non-DUI Criminal
1) Running a Stop Sign, June 2008. Client involved in an automobile accident. He was in median an struck by another vehicle. Other driver was cited for too fast for conditions and plea guilty. A guilty plea to a traffic accident is considered negligence per se or automatic liability. Client suffered severe injuries and wanted to recover damages. A guilty plea would prevent that from happening. Client took accident to trial. Extensive photographic evidence taken at scene indicated that client was not at fault and other driver speeding and lost control. Officer stubbornly refused to back off of stop sign violation. Case tried before a Judge. Judge found client NOT GUILTY. Client may now proceed to recover damages in possibly in the hundreds but at least tens of thousands of dollars as his medical treatment continues and recovery is uncertain.
2) Drug Possession Clayton County, March 2008. Client arrested during a search of a house where he was sleeping. Search warrant listed address and not client. Police entered house , woke client up and searched Client and found no weapons but emptied his pockets without consent upon feeling a small pouch. Police are not allowed to search persons other than for weapons when executing a search warrant when the person is not listed in the warrant or without consent or probable cause of criminal activity. The alleged drugs were excluded from evidence as a result of the illegal search. Case against client was dismissed. Owner of house pled guilty to possession but Client's criminal charges were DISMISSED. Client has since completed successfully a drug rehabilitation program in case he was convicted in order to reduce his punishment. It is always important to have a back up plan to "not guilty." Additionally, this is a win/win for client as the criminal charges are dismissed and he gets treatment for any drug or alcohol addiction.
Metro Atlanta Area DUI non-trial results:
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October 2006: ten DUIs reduced to Reckless Driving without trial; two cases DISMISSED without a hearing.
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November 2006: four DUI charges reduced to Reckless without trial; one DUI case DISMISSED without a hearing. one DUI charges offered Pretrial Intervention or dismissal with DUI/alcohol classes.
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December 2006: seven DUI charges reduced to Reckless Driving without trial. one suspended license dismissed just by filing a motion to suppress with no hearing!
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January 2007: three DUI charges reduced to Reckless Driving without hearing. One Clients offered Pretrial Intervention (dismissal) without hearing.
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February 2007: two DUI charges reduced to Reckless Driving without hearing. Two Clients offered Pretrial Intervention (dismissal) without hearing.
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March 2007: four DUI charges reduced to Reckless Driving without hearing.
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April 2007: three DUI charges reduced to Reckless Driving without hearing. One DUI dismissed by prosecutor at hearing based on illegal stop.
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May 2007: one DUI reduced to Failure to Exercise Due Care; one DUI dismissed for failure to prosecute; two Possession Marijuana with intent to distribute reduced.
- June 2007: two DUI charges dismissed: One for failure to prosecute at jury trial and one dismissed for lack of probable cause to arrest; one traffic case dismissed for failure to prosecute; one DUI reduced to reckless driving.
- July 2007: four DUI charges reduced to reckless driving. One Driving on a Suspended License to no License on person
- August 2007: four DUI charges reduced to reckless driving. Three DUI charges dismissed. Marijuana Possession reduced to disorderly conduct.
- September 2007: four DUI charges reduced to reckless driving. One DUI dismissed after a motion to suppress. one DUI reduced to failure to exercise due care. A Felony Criminal Damage reduced to Misd. Criminal Trespass
- November 2007: four DUI charges reduced to reckless driving.
- December 2007: seven DUI charges reduced to reckless driving.
- January 2008: five DUI charges reduced to reckless driving. One drinking and driving charge dismissed.
- February 2008: seven DUI charges reduced to reckless driving.
- March 2008: two DUI charges reduced to reckless driving. One public intoxication dismissed.
- April 2008: one DUI dismissed at Jury Trial; one DUI reduced reckless driving; one drug possession dismissed on an illegal search; Aggravated Assault reduced to Reckless Conduct.
- May 2008: one DUI charge reduced to reckless driving.
- June 2008: five DUI charges reduced to reckless driving.
- July 2008: four DUI charges reduced to reckless driving; carrying a concealed weapon reduced to disorderly conduct.
- August 2008: four DUI charges reduced to reckless driving; one DUI dismissed with prejudice at Jury Trial.
- September 2008: six DUI charges reduced to reckless driving.
- October 2008: three DUI reduced to Reckless; one DUI reduced to Disorderly Conduct; felony theft dismissed; felony Habitual Violator reduced to misdemeanor; one DUI dismissed.
- November 2008: two DUI reduced to reckless driving; one DUI dismissed; one DUI dead docketed (dismissed but could be revived if gets in trouble again); one traffic offense dismissed.
- December 2008: eight DUIs reduced to reckless driving; one battery reduced to disorderly conduct; felony shoplifting dismissed; driving on a suspended license dismissed.
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