Accident and 0.202/0.214 Breath Tests Gets Case Dismissal

William C. Head

Case Conclusion Date:December 18, 2008

Practice Area:DUI / DWI

Outcome:Case Dismissed after 2nd Reset of Trial

Description:A February 16, 2008 collision between Mr. Head's client and a parked vehicle lead to a police investigation of the cause of the wreck. Both cars were totalled. The owner of the parked car was able to identify the driver as being Mr. Head's client. Two open containers of liquor were inside the vehicle (empty) when the City of Atlanta officer arrived. However, very few questions were asked by the arresting officer of either the Client or the passenger. No field tests were conducted due to the severe crash and after effects to Mr. Head's client. The trial had been set for late October, 2008 and was reset. The new court date was December 18, 2008, and the arresting officer was not present. She had earlier discussed the case with the prosecutor and one of the chief attacks Mr. Head was bringing (relating to the timing of implied consent rights being read only at the police station) was discussed. The two breath test results obtained, therefore, would be excluded at trial. This fact, coupled with the lack of field tests and the cursory investigation, likely led to the officer not appearing for the trial date. All charges were dismissed. Client's job was saved.

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