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Gwinnett County Refusal Jury Trial

Practice Area: DUI & DWI

Outcome: Not Guilty DUI, Not Guilty Obstruction

Description: I had represented Defendant on two prior DUI cases. One of them was reduced to a reckless driving, and the other was a not guilty verdict at trial. In this case, the Defendant was parked in a driveway when the police were called to investigate a woman who was locked out of her house. My client was passed out behind the wheel of his car. The Duluth police investigated my client and had him do field sobriety evaluations. He was arrested, allegedly resisted arrested and was taken to the jail. At the jail, he refused the breath test. There was a video tape depicting the entire event. Using the video, we were able to establish that my client looked reasonable, acted reasonably, and did well on the field tests, despite the officer's testimony. The jury agreed. The State went forward on this case planning on using two similar transaction witnesses from the prior case, however, at trial, the officers from the prior case were not availiable.

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