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CLAYTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Poor Field Tests: Client Found Not Guilty of All Charges

The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer to reach out and support him. The client was unable to perform the Horizontal Gaze Nystagmus test (eye test) and, according to police, had red and glassy eyes. The client was also unable to perform the walk and turn and one leg stands evaluations, so the police decided to do the finger to nose test. Allegedly, when the police explained the evaluation, our client started too soon, but was still unable to perform it correctly and was then arrested for DUI less safe. When reading his implied consent rights, our client nodded yes but refused to submit to a blood test after being transported to jail.

Our client was charged with DUI less safe, impeding traffic, prohibited parking, and obstructing an intersection in the State Court of Clayton County. The video clearly showed client was suffering from a medical episode, low blood sugar, or low blood pressure. No evidence of Paramedic contact was offered by the State at trial. The state could not disprove it was a medical episode. The client was found not guilty of all charges by a jury in the State Court of Clayton County.

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