| Ten Day Warning To Save Your License! |
| Monday, 09 August 2004 | |
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 DeKalb County, Georgia: February 20, 2008. Client involved in single car accident after falling asleep. Client had been performing charity work with his Bank/Employer earlier in the day and finished the morning work with a sunday brunch that included 1-2 Mimosa's or champange and orange juice. Later that evening while driving home, Defendant fell asleep at wheel and ran off the road. Client had been working long hours and had an eye infection. Medics arrived and began treating his injuries including shoulder and chest pain and bruising. Police arrived and pull client out of ambulance. Gave field evaluations including eye test, one leg stand and walk and turn. Eye test was thrown out as improperly performed. Client passed one leg stand but allegedly failed walk and turn, although it was poorly instructed. Client testified. Jury found client NOT GUILTY on DUI in 20 minutes. 2) 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. 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) 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 she 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. 5) DUI Henry County, 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. 6) 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. 7) DUI Henry County, 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. 8) 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. 9) 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. 10) DUI 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. 11) 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. 12) 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 admitted 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. 13) DUI Fayetteville, Fayette County, Georgia: January 24, 2007. Client put on jury trial for DUI less safe, DUI per se (.201) and failure to maintain lane. Client was driven from a bar near the Atlanta Airport to a park in near Fayetteville in Fayette County and left to sleep by a coworker after drinking too much. The police arrived and found client asleep not knowing how he got to the park. The police performed field evaluations including the ABC, five finger dexterity, alcosensor and arrested. Client blew .201 on the Intoxilyzer 5000 at the police station. The State contended that client moved his car in the park. Client contended that he did not move car but started it and it would not move as it was stuck in a hole on the side of the park driveway. The jury found for the Defendant that there was a reasonable doubt that he moved the car. The Jury found Client NOT GUILTY on ALL CHARGES. 14) 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. 15) DUI Peachtree City, Fayette County, Georgia: Nov. 15, 2006. Client under 21 put on jury trial with underage DUI .02. , DUI less safe, failure to maintain lane. Client pulled over for weaving and camera flashes. Officer performed field evaluations which video showed she performed well. Officer took client into custody for suspicion of DUI and read breath test rights at scene. Client taken to station give Intox 5000 and blew 0.05. Officer then arrested for DUI. Since client not arrested during breath test rights and breath test, Judge threw out breath test. State offered to let client plea to reckless driving and both DUIs were dismissed. For DUI Fayette County is know as one of the toughest jurisdictions in the State with the toughest Juries, Judges and Prosecutors and is know by lawyers as Fayettenam. 16) 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 every time he took a drink. Client admitted two beers previously. Client had been ticketed 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. 17) 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 noticeably 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. 18) DUI Fayette County/Peachtree City, Georgia: October 5, 2006. Client put on jury trial for DUI. Police smelled alcohol at gas station. Police assumed client drove. Police inconsistent on video, courtroom testimony and police report. Client did well on field tests despite allegations of police. Video clearly showed sobriety. Police exaggerated impairment on witness stand undermining their credibility. Intox 5000 official state breath test showed .093. Breath has a 0.02 sample variance raising doubt that actual blood alcohol could be under 0.08 legal limit. Machine displayed error messages during testing raising doubt as to accuracy. Officers did not wait 20 minutes prior to test in violation of GBI procedures raising doubt as to mouth alcohol. Officers operated radios during test in violation GBI procedures raising doubt as to radio frequency interference. Jury found client NOT GUILTY on all charges. Fayette County is one of the toughest DUI jurisdictions in the State in terms of judges, juries and prosecutors. 19) 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. Non-DUI Criminal 1) 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. 2) 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 Caribbean 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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