CLAYTON COUNTY – REFUSAL – FAILURE TO MAINTAIN LANE

James Kenneth Sullivan

Practice Area:DUI & DWI

Outcome:Not Guilty

Description:State v. C. R. Defendant was stopped for failing to maintain his lane and improper window tint by the Clayton County Police H.E.A.T. Unit. Defendant and police officer stopped their vehicles at the entrance of a housing complex. Defendant scored 6 out of 6 clues on the Horizontal Gaze Nystagmus evaluation and did poorly on the walk and turn and one leg stand evaluations. These evaluations were done right in the middle of the entrance to the housing complex. Defendant was arrested for DUI and refused the State’s blood test. Jury deliberated for 15 minutes and acquitted defendant of all charges including the window tint charge- which we conceded to in closing arguments.