Case Conclusion Date: February 25, 2009
Practice Area: DUI / DWI
Outcome: Motion to Suppress Granted, Dismissing All Charges
Description: A Roswell, GA arrest that started with a lane violation with twin breath readings above 0.160. We appeared for our Motion to Suppress (and other motions) to be heard on February 25, 2009. Judge Roy Roberts, a Magistrate Judge from Fulton County, was filling in for Judge Jay Roth, who had to cover another courtroom. Upon hearing that the officer had opted to go to training instead of attending the scheduled Motion Hearing, Judge Roberts granted the Motion to Suppress, which effectively ended the case. The State could not produce a properly filed return of a subpoena showing proper service on the officer, and under the Georgia Code, Section 24-10-25(b), no continuance was authorized for the Prosecutor to seek a reset until another day.