Practice Area: DUI & DWI
Outcome: Case Dismissed at trial
Description: My client was parked on Birmingham Highway with some of her vehicle sticking out into the roadway. Two Fulton County officers pulled up to her and determined that she was DUI. Theu gave her field tests that were done totally wrong. In addition, the officer read the implied consent prior to arresting her, so her refusal to take the test was suppressed. The officer did such a poor job, that during my cross examination after the facts came out, he could not explain why he arrested her. He then stated I arrested her because she had open beer in the car. I then reminded him on the stand that he found the open container after the client had been arrested. He then stated well she had a cooler in the car. I asked him if he had ever put soda or even sandwhiches in a cooler. He stated yes. The judge should have dismissed the case. However, he was a part time judge sitting in for the full time judge and did not want to get rid of a DUI. When we appeared for trial, to no surprise the officer did not appear. There was absolutely no way the State could have won that case after the motion hearing. My client returned to her job and was glad that this nightmare was over.