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Lawrence Abram Kohn
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Lawrence Kohn’s Legal Cases

43 total

  • 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.
  • College Park Case Moved to Fulton County .115 and Possession of Marijuana

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty DUI, Marijuana Charge Dismissed
    Description:
    Defendant was stopped for crossing the gore in College Park. When the officers approached the car, there was a lot of marijuana smoke coming from inside the vehicle. The officers arrested both my client and the passenger once the observed marijuana on the floorboard. Defendant was also read the implied consent and agreed to a breath test. Defendant was taken to the station and blew a .115. Defendant was a commerical truck driver and also had a prior marijuana charge. The officer would not agree to reduce the case to a reckless driving and it was bound over for trial. At trial, there was no evidence that the substance found in the car was tested and came back as marijuana, thus the pot charge was dismissed. Further, the Defendant was found not guilty of the DUI since the Judge excluded the breath test during the trial and there was no evidence of Defendant being too impaired to drive.
  • Hall County .198 blood test

    Practice Area:
    DUI & DWI
    Outcome:
    Reckless Driving $400 fine and DUI School
    Description:
    Defendant was involved in a single motorcycle accident. He was life flighted to a hospital following the accident. A state patrol officer was called to investigate the wreck. When he arrived the Defendant was not on the scene. He radioed to another State patrol officer who met Defendant at the hospital read him the implied consent and drew blood. The results came back well above the legal limit. At the motion to suppress hearing, the State could not establish a time of driving, or probable cause to ask Defendant to take a blood test. The judge excluded the test result and without it, the State would have had a difficult if not impossible time prosecuting Defendant for a dui. Thus, the State offered a reckless driving, and defendant accepted the offer. Defendant does a decent amount of travelling and the reckless driving will allow him to continue driving in other states without any problems. This was a great result given a very tough set of facts.
  • Cobb County .143 breath test

    Practice Area:
    DUI & DWI
    Outcome:
    Reckless Driving
    Description:
    Defendant was involved in a single car accident. His jaguar went off the road, hitting a stop sign and was not driveable. A security guard called the police who arrived minutes later. When the police arrived, Defendant smelled of alcohol abnd did not perform well on the field sobriety tests. There was a video depicting his performance. Once the field tests were done, Defendant was arrested and read the implied consent. The officer did not read the card as it was written and changed a word in the implied consent. The word he changed significantly altered the meaning of the warning. Defenant then asked the officer to re-read the card and as the officer was doing so, Defendant asked several questions. The officer stopped the reading and Defendant told him "ok go ahead.' The officer assumed that "go ahead" meant ok let's take the test, so he never re-read the warning. After a full day of waiting for a hearing, the state finally agreed that the warning was altered and agreed to a reckless driving. However, the state wanted Defendant to serve several days in jail and based upon the case, Defendant agreed to the jail sentence in exchange for the reckless driving plea. In certain cases, some jail time is worth keeping the DUI conviction of the record, and in this case, it clearly was the correct decision.
  • Bartow County .111 Roadblock

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty following an Appeal to Superior Court
    Description:
    On Memorial Day weekend, my client encountered a roadblock outside of Lak Allatoona. She was given field sobriety evaluations which did not show significant signs of impairment. However, she was still arrested for DUI and blew a .111. We had a trial in the Probate Court. The trial Judge convicted her despite the State's inability to prove that the roadblock where she was stopped, was set up lawfully. It is the State's burden to prove that the roadblock comported with the Fourth Amendment, however, even though I argued this at trial, the judge still convicted. Fortunately, I had the case transcribed (written down) and we appealed the case to the Superior Court. I filed a memorandum explaining to the Superior Court judge why the trial court erred. The Superior Court judge agreed and signed my order reversing the trial court's decision. My client took the order downstairs to the Probate Court and had the DUI removed from her record. This case was a ton of work, but it was well worth it given the fantastic result.
  • Clayton County Under 21 .175 breath test

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty after trial
    Description:
    Defendant was 20 years old at the time of an auto accident. At 2 am, the police were dispatched to a closed restaurant where Defendant was observed bleeding from his head. Defendant admitted that he had been drinking and had been involved in an auto accident near the AMC theater on Mt. Zion Parkway. He was arrested given a breath test and the results were.175 This was a really tough case. We decided to walk into court and plead guilty to possesion of alcohol by a minor under the conditional discharge section. Where, if Defendant can complete probation the charge will be dismissed. It is a special section for people under 21 to keep clean records. However, we still had to deal with the DUI. I told the Judge that we would try the case to him as a bench trial. The arresting officer was a very flamboyant witness. She testified at great length and in great detail about things that were not mentioned anywhere in her report. My client supposedly: drank Grey Goose, refused field sobriety tests, was attended to by emergency personnel, charged at her, threatened her, and had the bumper to his car hanging off with trees and bushed embedded in the hood. Politely, I took this witness apart line by line. There was a huge discrepency in her timeline about when and where my client was arrested. Further, I havbe never in any other case done this, but I tendered the police report as evidence during the trial, so that the judge could read it. The report was very detailed, but failed to corroborate the story she told. In addition, there was another police officer who witnessed the case. Yet, she was not called as a witness. The State realized that there would be no way for her to tell the same wild story as her counterpart. The Judge waited a week and issued a ruling finding Defendant no guilty on two counts of DUI, failure to maintain lane, failure to report an accident. The judge suppressed the breath test and did not find the witness for the state to be very credible. The young man is now 21 and had never been in trouble before this, if he keeps his nose clean, he will not have a criminal record after this case. I know that he understands how fortunate he is of the opportunity he received.
  • .17 Gwinnett County Passed Out Behind Wheel

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty
    Description:
    At 4 am a gwinnett officer found my client passed out in a running automobile in the Mall of Georgia parking lot. The officer had a difficult time waking up the Defendant and she used some profanity with him. She was wearing her seatblet and the car was running. She failed field tests and was arrested and taken to jail where she blew a .17. Defendant also told the officer that she was a lot drunker in this case than in her case in Florida where she was just arrested. At trial, the Defendant testified as did her ex boyfriend, that she was dropped off at the vehicle. Defendant was still unable to explain how or why she ended up in the driver's seat with her seatbelt on. Further, the prosecutor did a good job trying to discredit the Defendant and her ex-boyfriend. The state was unable to show that Defendant had operated a moving vehicle while under the influence of alcohol and was found not guilty of all charges.
  • Gwinnett County Wrong Side of the Road Passed Out

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty All Counts
    Description:
    Defendant was found by a passerby on the wrong side of the road, facing the wrong way, passed out in the driver's seat with the car running. The passerby called 911 and stayed till the police came. When the officers arrived, it took awhile and several knocks on the window to rouse the Defendant. The Defendant was incoherent and extremely drunk. However, the Defendant came into my office and was adamant that she did not drive the car. This was a tough case. Defendant's husband admitted to driving the car and leaving his wife on the roadway following an argument. At trial, he testified to this fact and thus, the state could never prove that Defendant had driven the car. Defendant was found not guilty despite strong evidence that she was in fact the driver. Defendant was out celebrating her birthday and the officer did admit on the stand that being drunk, alone, and parked on the wrong side of the road, in traffic, was an unusual way to spend a birthday.
  • DUI Accident/ Refusal Cherokee County

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty DUI
    Description:
    Defendant was involved in an auto accident. He rear-ended the car in front of him as he made a turn. A witness called 911 and came to court to testify that they saw my client throwing beer out of his car window. Two other witnesses testified to the manner of the accident. The officer arrived on scene and gave my client a portable alco-sensor. He also failed the walk and turn test according to the officer. The officer had 8 years of law enforcement experience and hundreds of DUI arrests. Defendant was arrested and refused the State breath test. He told the officer that he was on his cell phone and that was the basis for the accident. At trial, Defendant was found not guilty of the DUI, but found guilty of reckless driving and open container.
  • Gwinnett County 2nd in 5 Hit and Run & DUI Refusal

    Practice Area:
    DUI & DWI
    Outcome:
    Reckless Driving Following Motion Hearing
    Description:
    A group of people heard a loud crash and witnessed a white SUV drive from the scene. The SUV had run into 2 parked cars causing a severe amount of damage. A block away from the accident, a woman was seen staggering into a house. The white suv was parked in front of the staggering woman's house. Several witnesses called the police and told the police that the woman had been staggering and had been known to carry a gun. The police arrived at the house and determined that the owner of the suv was inside and was possibly injured. The woman was not injured, she was highly intoxiocated. The police entered the home without a warrant and eventually arrested my client for DUI. Following a hearing, the state was willing to reduce the charge to a reckless driving. However, the woman was required to be on house arrest for a period of time, complete counseling, and other various penalties. She was able to retain her driver's license. It was a very difficult case that was hard fought on both sides. Both the State and the Defendant walked out of court with a winning compromise. Prior to the hearing, she was facing a loss of license for 12 months and significant jail time.