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Ashley L. Schiavone

Ashley Schiavone’s Legal Cases

10 total

  • Gwinnett County DUI .17 Breath Test= NOT GUILTY

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty
    Description:
    Defendant was found asleep in her parked car at a mall parking lot by an officer on patrol. Once contact was made, the officer noticed indicators of intoxication and performed field sobriety evaluations on the defendant. Defendant was subsequently arrested for DUI and took the state breath test, registering at .17. At trial, Larry Kohn and Ashley Schiavone did not challenge the extent of the defendant's intoxication. Instead, they argued that the facts of the case could not support a DUI conviction under the statute because defendant failed to meet the requirement of "driving a moving, motor vehicle." The judge agreed that the circumstantial evidence was not enough to meet the State's burden of proving guilty, and rendered a verdict of Not Guilty.
  • Cherokee County DUI Marijuana and Blood Test = NOT GUILTY

    Practice Area:
    DUI & DWI
    Date:
    Nov 04, 2009
    Outcome:
    NOT GUILTY after jury trial - DUID
    Description:
    Defendant came to our offices with a pending DUI-Drugs case involving a blood test that showed positive for cananbanoids and a confirmatory test showing positive for THC metabolites. This case originated from a roadblock and there was no allegation of any observed bad driving. We took this case and investigated the matter knowingthat we were likely going to take the case to trial. At a motions hearing, we were able to lock the arresting into his testimony. This later became critical when the officer "modified" his testimony at trial. At trial, the defense brought both Ron Lloyd, a DUI Expert, and Dr. David Stafford, an analytical chemist to testify. After trial and a short deliberation, the jury found Defendant NOT GUILTY.
  • State v. Muwakkill -Multiple Felony Case

    Practice Area:
    Criminal Defense
    Outcome:
    5 years probation
    Description:
    State of Georgia indicted Defendant with five charges, including one count of Family Violence (Felony), two counts of Aggravated Cruelty to Animals (Felony), one count of Felon in Possession of a Firearm (Felony) and one count of Cruelty to Children (misdemeanor). State originally recommended 5 years in prison based upon client's criminal history. After emphasizing the State's lack of evidence and putting pressure on the State to try their case, Ashley was able to secure a plea to 5 years probation.
  • State v. McBee-Not Guilty

    Practice Area:
    DUI & DWI
    Date:
    Mar 09, 2011
    Outcome:
    Not Guilty on all counts
    Description:
    Cherokee County prosecuted Defendant on two counts of DUI: DUI Per se (.09 breath alcohol result) and DUI Less Safe. Ashley spent two days trying the case during which time she employed the efforts of an expert witness and focused on errors in the administration of the breath test. When the State brought in their expert witness from the Georgia Bureau of Investigation in rebuttal, Ashley was able to effectively cross examine him about the limitations inherent in Georgia's breath testing program. Ashley was able to secure a Not Guilty on all counts, keeping the jury out for only 25 minutes in deliberation.
  • Fulton County Possession of Drugs with Intent to Distribute

    Practice Area:
    Criminal Defense
    Date:
    Feb 28, 2011
    Outcome:
    5 years probation- no jail time
    Description:
    Defendant came to Ashley with one count of Possession of MDMA with Intent to Distribute and One Count of Possession of Marijuana Less than an Ounce. Due to the quantity of drugs found in Defendant's vehicle and his pending Murder charges in Chatham County, the District Attorney wanted 15 years probation. Unwilling to expect this plea deal, Ashley pre-tried the case with the Judge of Fulton County and entered into a non-negotiated plea of 5 years probation.
  • State v. Lam-DUI Per se reduced to Reckless Driving

    Practice Area:
    DUI & DWI
    Date:
    Aug 16, 2010
    Outcome:
    Reduction to Reckless Driving
    Description:
    Defendant came to Ashley with one count of DUI less safe and one count of DUI per se (.083 breath). As a member of the 2nd Battilion in the United States Marine Corps, Defendant was faced with reduction in rank and possible expulsion from the military if convicted of DUI. For months, the State of Georgia refused to reduce the case. Unwilling to except a plea to DUI, Ashley prepared to fight the case in a Dekalb County Jury Trial. On the day of trial, the State reduced Defendant's DUI charges to one count of Reckless Driving. Defendant was not only afforded the opportunity to save his license, but also kept his position in the United States Marine Corps.
  • Fulton County DUI= NOT GUILTY on all Counts

    Practice Area:
    DUI & DWI
    Date:
    Sep 11, 2012
    Outcome:
    Not Guilty
    Description:
    Defendant was charged with DUI and Failure to Maintain Lane. Although Defendant refused the State breath test, she participated in all standardized field sobriety evaluations at roadside. Ashley Schiavone took the case to Bench Trial, arguing reasonable doubt for both the Failure to Maintain Lane and field sobriety clues of impairment. After a one day trial, the judge found Defendant Not Guilty of all charges.
  • State v. Canada- Not Guilty

    Practice Area:
    DUI & DWI
    Date:
    Feb 11, 2013
    Outcome:
    Not Guilty
    Description:
    Client was stopped at a roadblock and after peforming field sobriety, was arrested for DUI. At Motions, Ashley Schiavone vigorously challenged the validity of the roadblock despite the judge ultimately ruling that the stop was constitutional. During jury trial, Ashley challenged the effectiveness of field sobriety and raised reasonable doubt as to client's level of intoxciation. After a one day jury trial and ten minutes of deliberation, the jury returned a verdit of Not Guilty.
  • State v. Michaux- Not Guilty

    Practice Area:
    DUI & DWI
    Date:
    Sep 17, 2013
    Outcome:
    NOT GUILTY
    Description:
    Client was stopped at a roadblock with an open container of alcohol in visible sight. Field sobriety tests were performed and after being arrested for DUI, Defendant attempted to give a breath sample but instead, blew an insufficient sample into the Intoxilizer 5000. During a two day jury trial, Ashley emphasized the lack of "bad driving evidence" in cases that arise out of a roadblock/checkpoint. Ashley also effectively cross examined the arresting officer and got him to admit that poor performance on field sobriety does not always indicate intoxication. Jury ultimately returned a verdict of NOT GUILTY.
  • State v. Richardson-Not Guilty

    Practice Area:
    DUI & DWI
    Date:
    Feb 10, 2014
    Outcome:
    Not Guilty
    Description:
    Defendant was pulled over after turning around at a roadblock in Gwinnett County. After submitting to field sobriety, police arrested defendant for DUI Less Safe. In a one day, consolidated motion hearing and jury trial, Ashley challenged the reasonable articulate suspicion for the stop, constitutionality of the roadblock and reasonable doubt as to guilt. After one hour of deliberations, the jury returned a verdict of Not Guilty.