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Avondale Estates Case Moved to Dekalb State Court .120

Practice Area: DUI & DWI

Outcome: Motion to Suppres Granted, Case Dismissed

Description: Defendant an Emory student was coming back to campus with several students in his truck. He was stopped by an Avondale Estates officer for a noise violation. The officer performed field tests and arrested my client for DUI. He was taken to the station and blew above the legal limit. The prosecutor in Avondale Estates would not agree to reduce the case to a reckless driving, so we moved the case to State Court. The officer sent notice to Emory University that he had arrested the student for DUI. Defendant was sanctioned by the school before his case was resolved. On the stand I HAMMERED the cop about why he notified Emory University. Q: Did you treat my client differently than you treat other people you arrest A.: No, of course not Q.: When you arrest people who work for Bell South or Home Depot, do you notify their employers? A.: No, of course not, well I see where you are going with this. I notified Emory that evening because I wanted to be certain that they knew where this student was that night and would not report him missing. Q.: Did you think that any of the 5 other students crammed into the Ford Explorer were going report him as missing. A.: I don't know Q.: When you walked up to the 5 students in the car and told them that he was on his way to the Dekalb County jail, did you think there was going to be a misunderstanding as to where he was headed. A.: I don't know The officer had been a student at the Oxford campus for Emory, just like my client. He also was not able to graduate Emory, and was jealous of my client. Perhaps that is why he called the University. At the motion hearing, the State was unable to establish that the noise ordinance which enabled the traffic stop was valid. Thus, the Judge was obligated to exclude all evidence after the illegal stop

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