State v. J.S. Gwinnett State Court

Lance Warren Tyler

Case Conclusion Date:October 30, 2013

Practice Area:DUI / DWI

Outcome:DUI Drugs (Blood and Urine Test) Dismissed

Description:Driver arrested for DUI Drugs, possession of marijuana (less than an ounce) and was issued a warning for speeding 14 mph (which was accused later by the solicitor) The driver admitted to smoking a bowl and voluntarily gave his marijuana and pipe to the officer. The officer conducted HGN and Rhomberg, but claimed the ground was too uneven to conduct the walk-and-turn and one-leg-stand field sobriety evaluations. The driver submitted to both blood and urine tests. The blood test was positive for Hydrocodone and the urine test was positive for THC metabolite. Photographs of the stop location were used to show the officer could have conducted the walk-and-turn and one-leg stand, but simply chose not to. The results of the HGN and Rhomberg test showed signs of impairment, but were inconsistent with impairment from either Hydrocodone or marijuana. Immediately prior to trial the DUI was dismissed and the driver pled guilty to possession (conditional discharge-eligible for expungement) and speeding 14 mph over. 2013D-04005-2