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Phillip Darrell Kimbrell

Phillip Kimbrell’s Legal Cases

8 total

  • State of Georgia vs. Mickey Meeks

    Practice Area:
    DUI & DWI
    Date:
    Jul 17, 2008
    Outcome:
    .237 BAC = DUI case - DISMISSED
    Description:
    Mickey Meeks was arrested and charged with his 4th lifetime DUI when he blew a .237 on the Intox 5000 machine. After a thorough and complete investigation, our evidence revealed that several witnesses observed Mr. Meeks arrived at his girlfriends apartment early in the afternoon in December 2007 and shortly thereafter leave the apartment with his girlfriend. Approximately one hour later the they return and Mr. Meeks enters the apartment and within 15 minutes, he leaves again to go to the QuickTrip convenience store to pruchase beer. Upon his return to the apartment complex, Mr. Meeks strikes a parked vehicle as he is attempting to park his car and causes substantial damage to the parked car. One of the neighbors, who happened to have a bone to pick with Mickey, calls 911 and informs the operator that Mickey is extremely intoxicated and is stumbling all over the place as he is trying to get back into his girlfriend's apartment and that he has just hit a parked car. The police arrive about 1 1/2 hours later and bring Mr. Meeks outside and ask him to perform a series of standardized field sobriety test which he miserable fails. The police indicate that Mr. Meeks smelled heavily of alcohol and that Mr. Meeks admitted to drinking a substantial amount of Jack Daniels. When asked about the beer he had purchased earlier, he indicated it was for his girlfriend. Mikcey is arrested for DUI and taken to jail where he blows a .237 BAC on the breathalyzer machine. As we prepped for trial, we learned about the witnesses biases toward Mickey as well as the fact that the State could not prove that Mr. Meeks had consumed alcohol prior to his driving or striking the parked vehicle. Upon presentation of its evidence to the State and supporting case law, the defense was able to persuade the prosecuting attorney that it could not possibly win the DUI case against Mr. Meeks. The State reluctantly agreed and dismissed the DUI case against Mr. Meeks. Another significant win for P. Darrell Kimbrell and another happy client in Mickey Meeks.
  • City of Atlanta vs. Stephen Harris

    Practice Area:
    DUI & DWI
    Date:
    Sep 08, 2008
    Outcome:
    DUI - Refusal = Dismissed
    Description:
    Stephen Harris was arrested in July 2008 by the City of Atlanta police department and charged with DUI, Improper Turn and Reckless Driving. Upon being pulled over, Mr. Harris refused the SFT's (standardized field sobriety tests) and refused to take a state administered breath test. At this point, Mr. Harris was arrseted for DUI, Improper Turn and Reckless Driving and taken into custody. The officers report stated that Mr. Harris smelled heavily of alcohol however the occupant of the vehicle disputed this contention by the officer. By refusing to consent to the testing, Mr. Harris did not provide the State with any additional evidence to use agaisnt him. Mr. Harris evidence was presented to the State's prosecutor and after consideration thereof, the solicitor decided to dismiss the DUI charge against Mr. Harris in September 2008.
  • State of Georgia vs. Kevin Conover

    Practice Area:
    Criminal Defense
    Date:
    Sep 09, 2008
    Outcome:
    3 x Aggravated Assault reduced to Simple Assault
    Description:
    Mr. Conover was arrested in Cobb County in July 2007 and charged with three counts of Aggravated Assault and one count of Reckless Conduct. Basic facts are that while Mr. Conover's vehicle was parked at an apartment complex after he was cited for No Insurance on the vehicle, the vehicle was broken into and the car stereo system was taken. Mr. Conover returned to the apartment complex to retrieve the vehicle to find the stereo system taken and spoke with a group of men who were loitering in the apartment complex. After discussing the matter of the stereo being taken with the men, Mr. Conover left in his vehicle. Shortly thereafter, the men alleged that Mr. Conover returned to the complex and opened fire on the men as they were hanging out. The police were summoned to the scene and took statements and reports from the alleged victims and other witnesses. A few days later one of the victims gave the police a second statement and Mr. Conover was fingered as the shooter in a drive-by shooting by the alleged victim as he was picked out of a photo line-up. While Mr. Conover was out on bond, he failed to appear for a court date and was picked up on the FTA warrant and returned to the Cobb County Detention Center. As the matter was prepared for trial, the statements of the alleged victims were thoroughly examined and dissected for the inconsistencies. Additionally a motion to suppress the photo line-up was filed with the court based upon the lack of similarities of characteristics of the Mr. Cononver and the other men in the lineup. At the motions hearing, the State, after beign shown the lack of credible evidence in its case, made an plea offer to Mr. Conover to plea to three misdemeanor counts of Simple Assault, as reduced from Aggravated Assault, for 12 months of probation on each count. Mr. Conover elected to enter a plea for probation versus facing 60 years in custody if convicted on the Aggravated Assault charges. Quite a victory for Mr. Conover considering he could have been sentenced as a recidivist if convicted.
  • State of Georgia vs. James D. Mote

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    Jan 15, 2010
    Outcome:
    Dismissal of Aggresive Driving & Speeding 100+
    Description:
    I represented James D. Mote before the State Court of Cobb County in January 2010. Mr. Mote was arrested and charged with Speeding 100+/65 mph zone, Aggressive Driving, Failure to Maintain Lane, Improper Lane Change and a second count of Failure to Maintain Lane. The allegations were that Mr. Mote was driving a 2009 Mustang GT along Interstate 20 westbound at speeds in excess of 100 mph while weaving in and out of traffic and riding the bumper of vehicles in front of him. I successfully negotiated a resolution to this case where Mr. Mote pled guilty to one count of Reckless Driving ( a 4 point violation) and the remaining charges were dismissed. This plea saved Mr. Mote's driving privileges from being suspended for a conviction to the Aggressive Driving and Speeding charges as he would have accumulated enough points to suspend his driving privileges immediately.
  • State of Georgia vs. SW

    Practice Area:
    DUI & DWI
    Date:
    May 03, 2010
    Outcome:
    DUI Charges Dismissed
    Description:
    Client SW was arrested and charged by one of Cobb County's DUI task force officers with Driving Under the Influence of Alcohol in July 2009. After investigating the case and presenting our findings to prosecuting attorney, the State of Georgia abandoned its attempt to prosecute client for SW for DUI and dismissed the DUI charge. Client was extremely pleased with this outcome.
  • State vs. Melvin Rodriguez

    Practice Area:
    Speeding & Traffic Ticket
    Date:
    May 03, 2010
    Outcome:
    Super Speeder reduced to 75 mph
    Description:
    Client Melvon Rodriguez was charged as a Super Speeder when he was cited for going 94 mph in 55 mph zone. After investigating his claims and case, I negotiated on his behalf the reduction of the speed to 75 mph so as to save his driving privileges from being suspended as he is an under 21 driver.
  • State of Georgia vs. Luan Nguyen

    Practice Area:
    Criminal Defense
    Date:
    Aug 10, 2011
    Outcome:
    Charges against client were amended to No Valid License on Person. Client paid a fine and there was no impact to his driving privileges.
    Description:
    client was charged with his 4th offense of Driving on a Suspended License as he was stopped in Banks County, Georgia for speeding. He was arrested and taken into custody. Client was facing a permanent revocation of his driving privileges and 12 months of jail time
  • State of Georgia vs. RDW

    Practice Area:
    Criminal Defense
    Date:
    Nov 02, 2011
    Outcome:
    Dismissed
    Description:
    Client was arrested and charged with Burglary, Criminal Damage to Property & Loitering/Prowling in September 2011in Rockdale County, Georgia. After a thorough investigation by our firm, while our client remained in custody, and presentation of our findings to the DA's office, the Rockdale County DA's office chose not to pursue any charges against our client and dismissed all charges.