.084 Breath Test case results in not guilty verdict against Trooper Dunn of the Dekalb STAR team

Cory Earl Yager

Case Conclusion Date:April 1, 2013

Practice Area:DUI / DWI

Outcome:Not guilty on ALL DUI counts

Description:KB was stopped for speeding and touching a lane line while travelling in Dekalb County. KB was stopped by Officer T. Dunn of the Dekalb Star team, one of Dekalb County's most aggressive DUI task force officers. KB was nervous and afraid and according to the officer's subjective scoring failed the field sobriey tests. KB was taken to the Dekalb Jail where she blew over the legal limit with two ,084 breath samples. At trial the defense was able to show the subjective nature of the field sobriey tests. With the use of forensic science expert Matt Malhoit, Attorney Yager was able to show the many flaws in the GA breath testing program and the mistakes in administration of the breath test (failure to observe a proper deprivation period) by the arresting officer. After about two hours of deliberation, the jury found KB not guilty of both DUI-Alcohol-Less Safe and DUI-Alcohol-Per Se