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Lawrence Abram Kohn
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Lawrence Kohn’s Legal Cases

43 total

  • Fulton County .126 Trial

    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.
  • Floyd County .05 Under 21

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty DUI
    Description:
    Defendant was a student at Berry College in Rome. She was pulled over for weaving. The officer did not give her any field tests. He did give her an alco-sensor which showed positive for alcohol. Since she was under 21 he arrested her for DUI. SHe was taken to the station and blew a .05. She was charged with having an alcohol level above the limit for a minor. At trial, I used an expert witness to show that the breath test ws not given according to the rules set out by the GBI. The expert witness was a former DUI task force officer with over 900 DUI arrests. Defednant was found not guilty.
  • 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
  • Cobb County 2/5 5th lifetime

    Practice Area:
    DUI & DWI
    Outcome:
    Plea to Reckless Driving
    Description:
    Client was a multiple offender DUI. He was advised to get into an alcohol treatment program, which he did. He was stopped outside of a Kroger Shopping center near a cemetary. The officer observed the Defendant travelling on a road that led to a cemetary at around 2 a.m. My cross examination of the officer established that he had not violated any traffic laws. I submmitted photographs of the scene depicting our side of the story. Before the judge ruled, he called both the solicitor and I to the bench and asked if a lesser plea disposition had been discussed. There was no lesser offer on the table based upon my clients horrible record. However, the solicitor could sense that she was going to lose the hearing and the Defendant would walk with nothing. She agreed to dismiss the DUI if he plead to a reckless and got treatment. Everyone was satisfied with the result.
  • Gwinnett County 2/5 Jury trial with Head of the DUI Task Force and No video

    Practice Area:
    DUI & DWI
    Outcome:
    Not guilty DUI, Not guilty FTML, Guilty of speedin
    Description:
    I'll start backwards. After the verdict, the judge stated: Mr. Kohn, you may have fooled the jury, but you did not fool me and gave my client ten days to serve on the speeding. Defendant did not speak english very well. He was stopped on 316 and given field sobriety. He failed the tests according to the officer and was allegedly pretending to blow into the machine at the station. Through a careful jury selection, I chose jurors who would be sympathetic to my client's problem of not understanding Englsih. The case was very hard fought and we presented evidence of a jail video that showed my client looking and acting normally. The jury agreed that the state did not prove my client's guilt beyond a reasonable doubt. I did not think I fooled anyone, the Judge wanted to hammer my client if convicted and felt like he was let off the hook. My client was ecstatic with the victory because it saved his license and his job.
  • Fulton County Jury Trial .098

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty DUI
    Description:
    Defendant was stopped for speeding on Georgia 400. He was given field tests and allegedly failed. He was taken to the station where he blew .098. There was no videotape of the arrest. I was able to use the officer's manual and cross examine him about the field tests. Futher, the jury felt like the officer had misled them on his testimony. The breaht result was below the legal limit at the time and they found Defendant not guilty.
  • One of My Favorite Cases Fulton County Refusal

    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.
  • .092 Lilburn Case Moved to Gwinnett County

    Practice Area:
    DUI & DWI
    Outcome:
    DUI Dismissed Plea to Reckless Driving
    Description:
    Defendant was stopped for speeding by Officer Gann of the lilburn PD. He had made a ton of DUI arrests in his career. Defendant did the field sobriety tests. The video showed that the officer did not follow his training in administering the tests. Further, Defendant never agreed to take the breath test at the scene, but was told to blow at the station. The judge in Gwinnett State Court suppressed the breath test result. Defendant accepted aplea to a reckless driving charge instead of having a jury trial. Defendant was extremely happy because he was able to keep a DUI off of his record.
  • Dekalb County .088 Dismissed based on an illegal traffic stop

    Practice Area:
    DUI & DWI
    Outcome:
    DUI Dismissed
    Description:
    Defendant was stopped on I-285 by a DUI task force officer. Defendant was stopped for allegedly having blue lights coming from his vehicle. It is illegal in Georgia to have blue lights in a passenger car unless you are a police officer. There was no video of the traffic stop The officer testified at a motion to suppress hearing that there was no other traffic violation that he noticed other than the blue lights from the car. I put my client on the stand. My client testified that he worked at Circuit City and was the lead installation technician for people who want to make their car cool. He installs all the tv's, radios, and yes, funky lights. He testified that the lights were clearly white and not blue. He tesitifed that he was awre of the law and that there was no way the lights could be perceived as blue. The judge stated that he either had to determine that the officer was mistaken or my client was lying. He determined that the officer was mistaken and believed my client's testimony over the officer. The judge granted the motion to suppress. The state was left with no evidence to prosecute Defendant and all charges were dismissed. He got his bond money returned and left court without a criminal record.
  • Henry County .120 DUI South Carolina Licensee

    Practice Area:
    DUI & DWI
    Outcome:
    DUI Dismissed Plea to Speeding
    Description:
    Defendant was pulled over by a DUI task force officer for speeding. The officer told Defendant that if he did not take the field sobriety that he would take him right to the jail. Judge Studdard in Henry County is one of the smartest judges in the State. He is the author of the case law update that all Judges read. He know s the case law backward and forward. Thus,in order to win in his court, all of the legal arguments must be correct and supported by very good case authority. After my client failed the field tests, he was taken to the jail and given the breath test. At the motion hearing, the judge determined that the officer's testimony was not clear on what he told my client regarding the consequences of a breath test and denied my motion. I was stunned. However, in order to clear up any of the testimony, I approached the prosecutor on the morning of trial and told him my client was going to testify since the officer was not clear on what took place. I then approached Judge Studdard and told him exactly what my client was going to testify to, and that he would be required to suppress the breath test. The judge had already suppressed the field sobriety tests, and based upon the proposed testimony he agreed with me, and stated that if that was going be the testimony, the breath test would be excluded. We all determined that a trial would not be needed. Thus, the State had no evidence to prosecute a DUI case and the Defendant paid a fine to a speeding ticket and went back to South Carolina a happy man.