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Cobb County .152 breath test

Practice Area: DUI & DWI

Outcome: Reckless Driving

Description: Defendant was urinating next to his car in a bar parking lot. A police officer approached him and advised him not to drive. Defendant did not listen to the officer and after five minutes drove off. The officer allegedly saw my client run a stop sign and change lanes several times without using a signal. He was pulled over and told the officer he would not take field sobriety tests. The officer observed unsteadiness, swaying, bloodshot eyes, and a strong odor of alcohol. The Defendant was read the implied consent warning and took a breath test. He blew .152 and .155. Initially, it looked like a loser case. However, after getting copies of all of the breath tests given on the Intoxilyzer 5000 in that area on the night of the arrest, I learned that there were problems with my client's test. My client blew several times before the machine printed out a result. The State did not even have this information in its file. I went to the prosecutor three weeks before the case was set for a hearing and showed him the deficiencies in the case. The prosecutor agreed and reduced the case to a reckless driving and consented to let my client mail in his guilty plea to the lesser charge so he would not have to return to Georgia.

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