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D. Benjamin Sessions
Avvo
Pro

D. Sessions’s Legal Cases

7 total

  • State of Georgia v. A.P. - City of Columbus Municipal Court (Columbus, Georgia)

    Practice Area:
    DUI & DWI
    Outcome:
    DUI charge dismissed.
    Description:
    After being stopped for a red light violation and driving the wrong way on a divided highway, our client, who is a Specialist in the U.S. Army, was arrested for driving under the influence of alcohol. Subsequent to his arrest, our client submitted to the state-administered breath test, which showed that he had a breath-alcohol content level of 0.125 g/210L. We quickly resolved this case with a dismissal of our client's DUI charge and guilty pleas to the underlying traffic violations.
  • State v. J.M. – Athens/Clarke County Municipal Court (Athens, Georgia)

    Practice Area:
    DUI & DWI
    Outcome:
    DUI charge dismissed.
    Description:
    Our client was under 21 years of age, and he faced charges of DUI - per se, DUI – less safe, possession of alcohol by a minor, and making an improper left turn. Our client made an improper turn onto a one-way street. After being stopped, our client was placed under arrest based on the suspicion of the Georgia State Patrolman’s suspicion that he was under the influence of alcohol. Our client submitted to the state-administered breath test and registered a resulted in excess of 3 times the legal limit. We filed motions to suppress the arrest of the defendant, the “search” of the defendant, and the breath test performed upon the defendant based upon the Trooper’s statements on the video and in his incident report that he suspected our client was under the influence of alcohol due to the strong odor of “gum.” When we appeared on the trial date, the State, in the presence of the arresting officer, agreed to DISMISS the DUI charges and the improper left turn charge in exchange for a plea to possession of alcohol by a minor. Because our client was 21 years old prior to the entry of the plea to possession of alcohol by a minor, he suffered no suspension of his license.
  • State of Georgia v. E.B. - Monroe County Probate Court (Forsyth, Georgia)

    Practice Area:
    DUI & DWI
    Outcome:
    DUI dismissed. Guilty plea to reckless driving.
    Description:
    Our client was allegedly observed failing to signal his change of lanes approximately 4 times by a member of the Georgia State Patrol. When the trooper increased his speed to observe our client more closely. As the trooper's vehicle approached our client's vehicle, our client allegedly slowed his vehicle and began allegedly following too closely to the trooper. Our client was eventually stopped for failing to signal and following too closely. After stopping our client and speaking with him, the trooper conducted the horizontal gaze nystagmus (HGN) test upon our client. After performing the HGN test on our client, the trooper arrested our client. The trooper then directed another officer who had arrived on the scene to take our client to the Monroe County Sheriff's Office for the breath test. The breath test results showed that our client had a breath-alcohol content level of .111 g/210L. Our client was a resident of Florida and, if he were convicted of DUI, this would have been his second DUI conviction within the last 4 years. Our client's DUI charge in Georgia could have resulted in a 5-year revocation of his Florida license. We filed a motion to suppress our client's arrest and when the case for motions, the state was unable to proceed upon the DUI charge due to the absence of the trooper that stopped our client. Rather than risk the possibility of the Court granting the State a continuance to have the stopping officer present, our client agreed to a dismissal of his DUI charge and the entry of a guility plea to reckless driving. We successfully saved our client's driver's license and he received no jail time whatsoever.
  • .12 0/.118 Breath Test DUI Reduced to Reckless Driving

    Practice Area:
    DUI & DWI
    Outcome:
    (not available)
    Description:
    Our client was charged with DUI and failure to maintain lane after he was arrested in Woodstock, Georgia. We used a questionable stop and improper statements during and subsequent to the reading of implied consent to negotiate a dismissal of his DUI charge. Our client submitted to the state-administered breath test on the Intoxilyzer 5000, and it produced results of .120 and .118. Our client did not suffer a license suspension and did not have to serve any further time in custody in connection with the reduction of his DUI charge to reckless driving.
  • Not Guilty of DUI After Bench Trial

    Practice Area:
    DUI & DWI
    Outcome:
    (not available)
    Description:
    Our client was charged with DUI in Gwinnett County, Georgia after he was involved in an accident in a restaurant parking lot. After an officer arrived on the scene, our client was arrested for DUI. Our client submitted to all of the officer's requests, including the state-administered breath test on the Intoxilyzer 5000. The results of the state-administered breath test showed that our client's BAC was .09, so our client was charged with two types of Georgia DUI charges - DUI per se and DUI less safe. At the motions hearing, we successfully argued for the exclusion of the state-administered breath test and obtained a transcript that proved critical in establishing the defense that ultimately earned our client a not guilty verdict. at his At the trial, the state relied upon the testimony of the arresting officer and a manager for the restaurant where the accident occurred. Our client was only charged with DUI, so after the not guilty verdict, he walked from the courtroom with no fines, no license suspension, no probation, and no criminal or traffic offense on his record.
  • Under 21 DUI Charge Reduced to Reckless Driving

    Practice Area:
    DUI & DWI
    Outcome:
    (not available)
    Description:
    Our client was under the age of 21 at the time that he was arrested for DUI. Our client refused to submit to field sobriety tests. After his arrest, our client submitted to the test of his breath, which produced a result of .110 and .099. The arresting officer in this case was very competent and reasonable, but our investigation showed that he failed to comply with the GBI's breath testing training guidelines. After a motions hearing, our client decided to move forward to a jury trial. We picked the jury and were ready to begin the trial when the prosecutor offered to dismiss our client's DUI and minor in possession of alcohol while driving charges in exchange for a plea to reckless driving. Our client could not pass this offer up.
  • DUI Reduced to Reckless Driving

    Practice Area:
    DUI & DWI
    Outcome:
    DUI dismissed; Nolo plea to reckless driving.
    Description:
    Based upon a roadblock stop, our was client was arrested and charged with DUI "Per Se" and DUI "Less Safe." Our client submitted to the state-administered breath which showed that he had a BAC of .080. At the motions hearings prior to trial, we developed significant issues regarding the propriety of the roadblock, our client's ability to understand the implied consent notice given his hearing problems, and limitations of the field sobriety evidence given our client's physical problems. Following the motions hearing, the solicitor agreed to reduce our client's DUI charge to reckless driving, which our client accepted. This was a significant win for our client because of his prior 3 DUI convictions (not handled by our office) which would have led to significant jail time in the event that he was convicted of DUI after trial.