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November 2009: two DUIs dismissed as a result of motions; one DUI nolle prossed: two DUIs reduced to reckless driving; one DUI dismissed; one loitering charge dismissed; one disorderly conduct dismissed.
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October 2009: two DUIs reduced to reckless driving; two DUIs dismissed on motion; one DUI dismissed as a nolle pros; one DUI reduced to disorderly conduct; one DUI reduced to following too close.
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September 2009: four DUIs reduced to reckless driving; one dismissal.
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August 2009: three DUIs reduced to reckless driving; one not guilty verdict.
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July 2009: four DUIs reduced to reckless driving
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June 2009: four DUI reduced to reckless driving; two DUIs dismissed at motion hearings with one for a lack of probable cause to arrest, one DUI dismissed while Jury waiting in the Hall; one DUI reduced to reckless conduct.
- May 2009: four DUI reduced to reckless driving, one refusal suspension overturn at a contested license hearing.
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April 2009: four DUIs reduced to reckless driving, one DUI reduced to Failure to Maintain Lane.
- March 2009: eight DUIs reduced to reckless driving.
- March 2009: eight DUIs reduced to reckless driving.
- February 2009: two DUIs reduced to reckless driving, one DUI dismissed, three not guilty jury verdicts.
- March 2009: eight DUIs reduced to reckless driving.
- February 2009: two DUIs reduced to reckless driving, one DUI dismissed, three not guilty jury verdicts.
- January 2009: three DUIs reduced to reckless, one DUI 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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December 2008: eight DUIs reduced to reckless driving; one battery reduced to disorderly conduct; felony shoplifting dismissed; driving on a suspended license dismissed.
- 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.
- September 2008: six DUI charges reduced to reckless driving.
| Ten Day Warning To Save Your License! |
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COMMERCIAL DRIVER'S LICENSE WARNING!!!! 1) 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. 2) 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. 3) DUI Clayton County, Georgia: October 7, 2009. Client put on trial before a jury for DUI less safe and failure to maintain lane. Client, a 47 year old commercial truck driver, was facing the loss of his driver's license and ability to earn a living. Client was allegedly observed weaving by a Clayton County Officer. Client was talking on his cell phone and searching for a CD and admitted weaving. Police alleged that client was so drunk that he staggered out of his car, failed field sobriety tests and then urinated on himself. Cross-examination revealed that client needed to use the restroom soon after being pulled over and was forced to wait almost an hour and a half on the side of the road and was not allowed to use the bathroom. Client appeared sober on the video and his poor performance was attributed to the need to urinate by the jury. One police officer testified that client did not have slurred speech while the other testified that he did. Two of three videos were not produced at trial. One of the officers was training a rookie in DUI field test but could not remember his own training. The Jury found client NOT GUILTY in 30 minutes and did not even ask to review the video again. 4) DUI Clayton County, Georgia: September 22, 2009. Client put on trial before a jury for DUI less safe and running a red arrow light. Client was pulled over for running a red arrow on Tara Blvd. DUI police officer smelled an odor of alcohol, observed red and glassy eyes and slurred speech. The DUI Officer had client step out of the vehicle. Client had no trouble getting out of her vehicle. DUI Officer alleged that client stumbled on the walk to the back of her car. Officer asked Client to perform 2 of 3 standardized field sobriety tests including the walk and turn and the one leg stand. DUI Officer claimed that Client stepped off line, did not maintain her balance during the instructional phase and made an improper turn. On cross-examination, the Officer admitted that according to his training manual Client did not show a lack of balance during the instructional phase nor did she make an improper turn. DUI officer claimed that she stepped off line by not placing her feet directly infront of each other on an imaginary line but rather placed them only half way in front of each other. Officer admitted after being confronted with his training manual that the walk and turn test did not show impairment. On cross-examination, the DUI officer admitted that Client only swayed while counting to 40 by one thousands on the one-leg stand indicating only 1 of 4 clues. Officer admitted that the one leg stand did not indicate impairment either. Client refused the state administered blood test at jail. Jury deliberted for 30 minutes and found Client NOT GUILTY of DUI.5) DUI DeKalb County, I-20, August 26, 2009: Alleged DUI Driver changed lanes without a blinker on I-20 in DeKalb County just south of Decatur, Georgia on April 15, 2009. The other vehicle was in the alleged DUI Driver's blind-spot and probably passing in the right lane. A Georgia State Patrol Officer in the speciality DUI unit called the Nighthawks who had just left a Mother's Against Drunk Driving meeting observed the alleged illegal lane change and stopped the driver on the side of I-20. Further, the trooper admited that his units DUI arrests were down in 2009 from 2008 and there had been discussions about how to increase DUI arrests. Traffic was heavy, it was windy, and the traffic noise was very loud. The trooper approached the vehicle and claimed the driver had slurred speech but the video show otherwise. The driver exited his vehicle properly, walked to the rear of his vehicle properly, produced his license without trouble and did not visibly sway while speaking to the officer on video, although the trooper claimed that the alleged DUI driver swayed. Horizontal Gaze Nystagmus test (HGN) or eye jerking test was performed. An effective DUI lawyer cross-examination and the video clearly evidenced that the HGN was not performed according to the trooper's training and even if it had been, the HGN was only 77% accurate. The walk and turn and one leg stand were performed poorly but the state could not prove that the unreasonable conditions on the side of I-20 were to blame as opposed to alcohol. The alleged driver tested positive for alcohol consumption on the handheld breath test. The Driver refused to take a state adminstered test of his breath under the implied consent law. After reviewing the video, the Jury came back NOT GUILTY ON THE DUI and guilty on the failure to maintain lane. The Defendant paid a $200.00 fine. 6) DUI Henry County, City of Stockbridge, August 10, 2009: Alleged DUI Driver was stopped for failing to maintain lane and for going 22 miles per hour below the speed limit. Two highly trained DUI officers investigated, and the driver was arrested for DUI. Driver was given Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn and failed according to the Officers. The video told a different story. One officer found a cup of “distilled spirits” between the front seats. Driver was charged with DUI, open container, and failure to maintain lane. At trial, the jury found the driver NOT GUILTY on all three counts. Associate Attorney Mark Burton. ) DUI Henry County, City of Stockbridge, August 10, 2009: Alleged DUI Driver was stopped for failing to maintain lane and for going 22 miles per hour below the speed limit. Two highly trained DUI officers investigated, and the driver was arrested for DUI. Driver was given Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn and failed according to the Officers. The video told a different story. One officer found a cup of “distilled spirits” between the front seats. Driver was charged with DUI, open container, and failure to maintain lane. At trial, the jury found the driver NOT GUILTY on all three counts. Associate Attorney Mark Burton.7) DUI Henry County, City of Hampton, March 8, 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. 8) DUI Coweta County, Roscoe Road, Ga Hwy 70, February 13, 2009. Client was pulled over for allegedly weaving. Video revealed no weaving. State Patrol Trooper testified that although client was speaking in a normal voice, got out of his car normally, and walked normally that he was less safe becuase he failed an eye jerk test or Horizontal Gaze Nystagmus (HGN) and had an odor of alcohol and old beer bottles in his truck. Video showed that Trooper failed to perform the HGN test according to his training and client appeared stone cold sober on video despite admitting drinking 2-3 beers in 2-3 hours. Client refused a test of his breath. The breath test rights were confusing to client who thought the Trooper was referring to a road side breath test and not one at the jail on the state certified machine. JURY found client NOT GUILTY on failure to maintain lane and DUI in 20 minutes. Court directed a verdict on the open container charges as there was no proof of alocohol content on the beer bottles found in the car a requirement of the statute. 9) DUI Newnan, Coweta County Georgia, February 11, 2009. Client was pulled over by a City of Newnan Police Officer as he pulled into a parking space at the Corner Tavern in Newnan, Georgia. The Officer observed no traffic offenses, but had received a BOLO (Be on Look Out) for a similar car containing three white males that were involved in a fight at a bar in Newnan called Baja's. The state called the bouncer from Baja's who testified that the client was the only sober, calm and not violent member of his party. The Bouncer also testified that he believed the client was a safe driver at the time. Police Officers did not activate their video and claimed that client had slurred speech, unsteady walk and red eyes as well as failed his field sobriety tests indicating that he was a less safe driver because of alcohol. Cross-Examination revealed that the Officer did not perform the field sobriety tests as trained and could not do the tests himself in the courtroom. Further, slurred speech, red eyes and unsteadiness became slightly slurred and possibly accent, slightly red eyes and a stutter step and not unsteadiness. Client refused a test of his breath as english is a second language and he did not understand the complicated legal terms of the rights read and Officer made no effort to explain them. Jury found client NOT GUILTY ON ALL COUNTS. 10) DUI Coweta County, Georgia: February 5, 2009. Client was pulled over for having non-working tail lights. Client had been eating a birthday dinner with his wife, children and in-laws where he consumed no alcohol. He then went to a friends house and consumed one beer. Later that evening while driving home, Defendant was followed and stopped by a Georgia State Patrol Trooper. Client committed no traffic violations other than defective tail light and weaving within the lane which was mentioned only at jury trial. Client had normal speech, normal eyes, normal walk. Client did not complete the HGN, counted to twenty on the one leg stand, and stepped off line on the walk and turn. The Trooper did not qualify Client about a motorcycle accident before performing field sobriety tests despite training to do so. Client refused a breath test at the scene but requested a blood test and agreed to either a blood or breath test after the Trooper left the jail. Client's wife and friend testified that he only had one beer. Client's twin daughters were in car. State introduced similar transaction from 2006 where client blew .140. Attorney used similar transaction against them by showing what client looked like when he was DUI and that in the first case he pled guilty with out an attorney because he was guilty versus this case where he was not affected by alcohol and fought for his life. Jury found client NOT GUILTY on DUI and two counts of child endangerment in 40 minutes. 11) 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. 12) 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. 13) 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. 14) 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. 15) 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. 16) 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. 17) 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. 18) 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. 19) 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. 20) 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. 21) 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. 22) 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. 23) 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. 24) 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. 25) 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. 26) 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. 27) 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. 28) 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. 29) 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.
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
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
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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