Practice Area: DUI / DWI
Outcome: Plea to Following too Close, DUI Dismissed
Description: Defendant was travelling on Ashford Dunwoody road. She rear ended a police car. The officer was not very pleased. She then called a more experienced officer to the scene to investigate my client for DUI. Defendant was given field sobriety and read the implied consent at the scene. She initially refused the state test. The officer tesitifed that at the station he re-read the warning and she changed her mind and agreed. Unbeknownst to the officer, the testing officer had informed me that no implied consent was read at the station. The arresting officer clearly lied on the stand. The solicitor who was probably the most uptight prosecutor in Dekalb did not know this. After I crossed examined the officer, I told him to go outside and speak with his next witness. I told him that he was going to have a perjury problem. He went outside, walked back inside and looked like a pale ghost. He then told my client that he was dropping the DUI if she would plead to following too close and pay a fine. She gladly accepted.