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Fulton County State Court Refusal with Field Sobriety Tests

Practice Area: DUI & DWI

Outcome: Not Guilty

Description: Defendant was stopped for failure to maintain lane by a Georgia State Patrol Officer. There was no video of the traffic stop. Defendant was given field sobriety by the officer and was arrested for DUI. Defendant refused the State breath test at the station. The officer added all kinds of manifestations of impairment. He testified that my client had slurred sppech, was unsteady, and swayed. Without some kind of rebuttal evidence, I figured the case was a loser. However, my client was dating/hangin out with a great witness. That evening, my client had come in from Tennessee and was drinking champagne at a Rockdale County police officer's house. The police officer was no longer in the field, but drove the homicide van and worked at the jail. In addition, the officer was certified to give breath tests. The officer came in and stole the show. The testimony provided by our witness established that the State Patrol officer was clearly exaggerating. Defendant was found not guilty of the DUI. This case would not have been a victory, but for the Defendant's witness.

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