Practice Area:DUI / DWI
Outcome:Not Guilty to DUI
Description:Defendant moved his case from Alpharetta Municipal to Fulton County for a jury trial. Fulton can be a silly jurisdiction. They will not dismiss a DUI even in cases where there is absolutely no proof. Defendant was at the Buffalo Wild Wings on Mansell Road. He was passed out in a car with the engine running and the lights on. He was the only car in the lot since the restaurant was closed. Defendant was woken up by a police officer. He was given field sobriety, and arrested for DUI. He did make some statements such as he drove there to wait on a friend amongst other incriminating comments. He took the breath test at the station and failed. However, Defendant ws NOT GUILTY of anything. He had a receipt indicating that he had been at the restaurant and showed that he had consumed alcohol. He testified about his evening and stated he was too drunk to drive, left the restaurant and slept. The state could not show he ever drove the vehicle while under the influence of alcohol. Defendant was found not guilty of DUI.