(678) 885-7830
1800 Peachtree St NW Suite 300
Atlanta, GA 30309

Wins

Driving privileges saved for under-21 driver
           Under-21 client was involved in a car accident in her neighborhood. As she was looking at the damage to her car, her passenger climbed into the driver’s seat, put the car into reverse and hit her!  The Dekalb County Police Department was called to the scene and immediately arrested her for DUI, without doing any investigation or checking her for injuries. At the jail, she blew a .232 on the Intoxilyzer 5000. During a pre-trial hearing, it was clear that the officer did no investigation before deciding to arrest her. The Solicitor then requested a recess and offered to reduce her case to Reckless Driving. We were able to reset the case until the client turned 21 to save her driving privileges. Client entered a plea to Reckless Driving and was thrilled with the result.

No DUI conviction for second DUI arrest
           Client was found in the parking lot of a business in Kennesaw, Georgia after hours. Two witnesses reported to the officer that client had been in an accident prior to when the police arrived on scene. The officer reported that our client was not responding to his questions and that there were two open bottles of liquor found in the car. Client’s case began in Kennesaw Municipal Court but was transferred to Cobb County State Court for trial. After several failed attempts to convince the Solicitor to dismiss the DUI, and a pre-trial conference with the judge, Client’s case was finally reduced to Reckless Driving on the morning of trial. This was a second DUI arrest in ten years, so the stakes were high and we had to keep fighting until we resolved it without a DUI conviction. Client entered a plea to Reckless Driving, paid the lowest fine allowable under the statute, and his case was closed!

No DUI conviction after a failed field sobriety test
           Client was pulled over in Smyrna, Georgia for making an improper turn and driving with no headlights. The report noted that client smelled of alcohol, had slurred speech, and admitted to drinking three beers that evening. Client agreed to perform field sobriety evaluations and the video showed a mediocre performance on those evaluations. A breath test was administered at the scene and the result showed positive for alcohol. Client was subsequently arrested for DUI. When the officer read Georgia’s Implied Consent Notice, he gave our client some misleading information that led our client to submit to the state-administered breath test. At the City of Smyrna jail, our client blew a .141 on the Intoxilyzer 5000. We fought hard to convince the Prosecutor that the incorrect and misleading information persuaded our client to submit to the breath test. The Prosecutor eventually agreed and we resolved the case with a plea to Reckless Driving. Client’s license was saved, he stayed out of jail, and he avoided a DUI conviction! 

No DUI conviction after .222 breathalyzer result
           Client was pulled over after failing to maintain her lane and not using her turn signal while turning onto Piedmont Road in Atlanta. As the officer approached her, she accidentally backed into his patrol car! She was charged with Failure to Signal, Failure to Maintain Lane, Reckless Driving, Improper Backing, DUI Per Se, and DUI Less Safe. At the jail, she blew .222 on the Intoxilyzer 5000. Her case began in the City of Atlanta Municipal Court but we decided to transfer it to the State Court of Fulton County for trial. A year and a half after her arrest, her case was finally accused in Fulton County. We knew that there were extenuating circumstances with one of the police witnesses and that the State may have trouble getting him to come to court to testify. The State offered to dismiss the DUI and the client entered a plea to Reckless Driving. Excellent result for a .222 accident case!

No DUI conviction for an impaired driver speeding
           Client pulled over for speeding on Ponce de Leon Avenue. Officer noticed wristbands from a bar on client’s wrist and suspected him of drinking. Report noted many of the usual manifestations of impairment – strong odor of alcohol, slurred speech, and clues of impairment on the standardized field sobriety evaluations. Client was arrested for DUI and Speeding but he refused the State’s request for a chemical test. While viewing the video, we heard a conversation between two officers after they had dropped off our client at the jail. The arresting officer told the assisting officer that the DUI charge against our client would likely be dismissed. When we approached the State with that information and urged a dismissal of the DUI charge due to a lack of evidence showing impairment, the State refused. After motions were heard in the case, the State finally agreed to dismiss the DUI. Client entered a plea to Reckless Driving and was thrilled that we were able to save his license, keep him out of jail, and avoid a DUI conviction!

No DUI conviction for underage client driving intoxicated passenger
           Underage client was detained at an intersection in Atlanta because her intoxicated passenger was causing a disturbance. The disturbance drew the attention of a City of Atlanta police officer who was nearby working the scene of an unrelated car accident. The officer approached our client, searched her car and immediately placed her under arrest. The officer failed to complete a DUI investigation and failed to read our client Georgia’s Implied Consent notice. Client was never offered the opportunity to take a chemical test and was immediately transported to the jail. The DUI was dismissed and we were able to successfully resolve her case with a plea to a minor traffic offense, a small fine, and community service hour

No conviction for third DUI arrest
           Client was pulled over in Newton County for failing to maintain his lane.  Another motorist on Interstate 20 called to report the weaving and officers caught up to our client shortly thereafter.  There was no video from the traffic stop, but the report noted that he smelled of alcohol and was unsteady on his feet.  Our client agreed to perform field sobriety evaluations, but the officer failed to record any of his observations from those evaluations in the police report.  Client was arrested and declined the state’s request for a breath sample.  Because the officer did not properly conduct the DUI investigation, the County agreed that there was not enough evidence to pursue the DUI.  The DUI was dismissed and client entered a plea to Reckless Driving.  He paid a fine and completed a Risk Reduction course (DUI school) and his case was closed!  Client was thrilled that we were able to avoid a DUI conviction, avoid a jail sentence, and avoid a license suspension!

State’s failure to provide evidence results in win for client
           Client was involved in a traffic accident on North Druid Hills Road in Dekalb County.  When officers arrived, client admitted to using an illegal substance and drug paraphernalia was also found in his SUV.  After a brief investigation, client was arrested for DUI drugs and he agreed to submit a blood and urine sample.  The screen of his blood showed the presence of an illegal drug in his system, but the identity of the individual who drew the blood was unknown.  On the morning of trial the DUI was dismissed and client entered a plea to Reckless Driving.

Challenge to traffic stop results in win for client
           Underage client was driving in the Georgia Tech area and was pulled over by an Atlanta DUI Task Force Officer. Client admitted to drinking but performed very well on the field sobriety evaluations. The Officer requested that client submit to a blood, breath, and urine tests because he also suspected drug use and our client agreed. The breath and blood test showed an alcohol level in excess of the legal limit, but the urine screen was negative for drugs. After a thorough investigation, we concluded that the traffic stop was unjustified and presented this information to the City. After lengthy negotiations, the City agreed to dismiss the DUI.

Preparation results in win against overzealous cop
           Client was speeding and weaving within his lane in Doraville when he was pulled over by an Officer from the Doraville Police Department. Officer noted that client had very slurred speech, he smelled like alcohol, was unsteady on his feet, and he had bloodshot and glassy eyes. Client did not want to perform field sobriety evaluations and he did not want to submit to a chemical test, and he was subsequently arrested. State refused to dismiss the DUI, so the case was set for a motion hearing. Although the Judge denied all of our motions, the State realized that there was not going to be enough evidence for a jury to convict, so the DUI charge was dismissed. Client entered a plea to Reckless Driving and was thrilled that we kept him out of jail, saved his license, and avoided a conviction for DUI. 

State dismissed DUI charge during trial
           Client stopped for driving on the wrong side of the road and failing to maintain his lane in DeKalb County. Officer noted that client smelled like alcohol, had slow speech and bloodshot and glassy eyes, but that since his patrol car did not have a video camera, there was no video from client’s traffic stop. Client could not perform the Walk and Turn or the One Leg Stand field sobriety evaluations due to a military injury to his leg and ankle. The State refused to dismiss the DUI charges, so we started a jury trial. After the State put up its evidence, we informed the Court that we were intending to play a video from the jail which showed that the State had violated the 20 minute observation period required before a breath test. The State failed to notice this problem with their case until we pointed it out to them during trial! The State then agreed to dismiss the DUI counts and client entered a plea to Reckless Driving.

Officer mistakes results in win for client
           Client drove off of the roadway in Smyrna and her car rolled completely over before landing in a nearby field. Client drove away from the accident scene and a witness called 911. She was eventually located by police officers and EMS responders at a  restaurant a few miles away. She was advised that she was “in custody” at the scene, although officers had very little evidence that she was DUI. After she was transported to Kennestone Hospital, she was informed that she was under arrest and Georgia’s Implied Consent Notice was read at the hospital. Due to the untimely reading of Implied Consent, client’s refusal to submit to the state-administered chemical test would not be admissible at trial, we explained to the State. After several conferences with the State, the DUI was dismissed and client entered a plea to Reckless Driving. Her driving privileges were saved, she did not have to return to jail, and we avoided a DUI conviction.

No conviction for second DUI arrest
           Client was speeding and weaving within his lane in Doraville when he was pulled over by an Officer from the Doraville Police Department. Officer noted that client had very slurred speech, he smelled like alcohol, was unsteady on his feet, and he had bloodshot and glassy eyes. Client did not want to perform field sobriety evaluations and he did not want to submit to a chemical test, and he was subsequently arrested. State refused to dismiss the DUI, so the case was set for a motion hearing. Although the Judge denied all of our motions, the State realized that there was not going to be enough evidence for a jury to convict, so the DUI charge was dismissed. Client entered a plea to Reckless Driving and was thrilled that we kept him out of jail, saved his license, and avoided a conviction for DUI.