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Home » Recent Successes » FULTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Client Diabetic: Found Not Guilty of DUI
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FULTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Client Diabetic: Found Not Guilty of DUI

The client was asleep at the wheel on Jonesboro Road near I-285 East with the car in drive in the City of Atlanta, Fulton County. When the police approached his vehicle, our client was reportedly disoriented, had glassy eyes, and smelled of alcohol. When prompted, the client said that he had had one beer around three hours ago. A strong odor of alcohol greeted the officer when our client stepped out of the vehicle. Our client informed the Officer that he had diabetes and believed his blood sugar was low but said that he was able to perform field sobriety tests. The cop had him state the alphabet starting at B and stopping at M. Our client began with B and ended with Z. The officer asked him to perform the test again and our client started at B and stopped at Q. The officer then had our client perform the walk and turn test, in which he was unable to step heel to toe and stumbled off the line multiple times. He was then arrested and refused any further testing.

The client was charged with DUI drugs and alcohol, DUI drugs less safe, DUI alcohol less safe, and improper stopping in Fulton County State Court. The state could not prove that Defendant was not having a low blood sugar episode. The client was found not guilty of DUI alcohol less safe and guilty of improper stopping on a highway. The DUI drugs were less safe and DUI drugs and alcohol charges were Nolle Prosequi (not prosecuted). He was sentenced to pay a $280 fine.