Not Guilty of DUI After Bench Trial

D. Benjamin Sessions

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.

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