DUI with .183 breath test results results in not guilty verdict
May 19, 2014
OUTCOME: Not Guilty Jury Verdict
NC was encountered by police in the parking lot of his work on St. Patrick's Day. NC told police he had walked to the bar and back. NC was in a running car and was alleged by police to have rolled ba...ck at the time of the police interaction almost striking the officer and his patrol car.
a not guilty verdict on ALL counts was delivered by the jury after Attorney Yager was cable to point out inconsistencies in the officers statements during cross examination.
DUI and DWI
.084 Breath Test case results in not guilty verdict against Trooper Dunn of the Dekalb STAR team
Apr 01, 2013
OUTCOME: Not guilty on ALL DUI counts
KB was stopped for speeding and touching a lane line while travelling in Dekalb County. KB was stopped by Officer T. Dunn of the Dekalb Star team, one of Dekalb County's most aggressive DUI task force... officers. KB was nervous and afraid and according to the officer's subjective scoring failed the field sobriey tests. KB was taken to the Dekalb Jail where she blew over the legal limit with two ,084 breath samples.
At trial the defense was able to show the subjective nature of the field sobriey tests. With the use of forensic science expert Matt Malhoit, Attorney Yager was able to show the many flaws in the GA breath testing program and the mistakes in administration of the breath test (failure to observe a proper deprivation period) by the arresting officer.
After about two hours of deliberation, the jury found KB not guilty of both DUI-Alcohol-Less Safe and DUI-Alcohol-Per Se
DUI and DWI
DUI with .125 breath test reduced to speeding ticket
Dec 20, 2012
OUTCOME: DUI reduced to speeding ticket with $100.00 fine
Client was charged with speeding and DUI. Client submitted to a breath test and showed a BAC of .125. At a motions hearing, Mr. Yager was able to suppress the sole field sobriety test performed by th...e arresting officer, the Horizontal Gaze Nystagmus (HGN) test. This test was suppressed after Mr. Yager was able to show the officer failed to properly medically qualify the Client and was able to show that the officer did not comply with his NHTSA training. Mr. Yager was also able to exclude the admission of the breath test result at trial based upon an argument thatthe officer improperly coersed the Client to take the breath test.
DUI and DWI
DUI MARIJUANA Case Reduced to Reckless Driving
Dec 11, 2012
OUTCOME: DUI MARIJUANA reduced to Reckless Driving
E.S. was driving on I-575 when he was encountered by an off duty police officer returning from a part time job. The officer followed E.S. for miles after he alleged E.S. almost collided with another v...ehicle on the interstate. E.S. pulled into a gas station and the officer followed him, waited behind the gas station hidden from view, then followed E.S. as he left the gas statiion. The officer then followed E.S. for two additional miles then stopped him for allegedly failing to maintain lane.
Mr. Yager was able to secure the gas station surveillance fiitage to prove the veracity of E.S's story in court. E.S. was also found to have marijuana on his person after the stop. Mr. Yager was able to use his extensive training in Standardized Field Sobriety testing and his Drug Recognition Expert training to show the internal inconsistencies in the field test results recorded by the arresting officer.
After extensive negotiations, the State agreed to reduce the DUI-Marijuana charge to reckless driving and agreed to a conditional discharge of the Possession of Marijuana charge.
This outcome saved E.S's job which required a drivers license and kept E.S's record free of a DUI conviction.
DUI and DWI
DUI Accident Case results in Not Guilty Verdict .169
Jul 10, 2012
OUTCOME: Not Guilty Verdict - DUI - Jury Verdict
Client was involved in a three car accident returning home from an adult entertainment establishment on Super Bowl Sunday 2011. Client struck another vehicle in the rear, pushed that vehicle through t...he intersection and into a third car.
At Motions, the .169 breath test was supressed based on technical issues surrounding the Defendant's rights to an independent test not being honored by the arresting officer.
At trial, the Jury found that Client's alleged manifestations of impairment could have been caused by the impact of the air bag with client during the accident.
DUI and DWI
DUI Reduced to Reckless Driving in High Profile Case
Feb 22, 2012
OUTCOME: DUI Reduced to Reckless Driving
Mr. Yager along with famed DUI lawyer William C. (Bubba) Head represented a high profile athlete in the State Court of Dekalb County. After through investigation and motions hearings exposing the weak...nesses in the State's case, the matter case was reduced to Reckless Driving (a Non-DUI offense). The DUI charge was dismissed.
DUI and DWI
DUI MARIJUANA and Blood Test = NOT GUILTY
Nov 04, 2009
OUTCOME: NOT GUILTY after jury trial - DUID
I.R. came to our offices after being told by others in the industry that a DUI-Drugs case with a blood test that showed positive for cananbanoids and a confirmatory test showing positive for THC metabo...lites. This case originated from a roadblock and there was no allegation of any observed bad driving.
We took this case and investigated the matter knowingthat we were likely going to take the case to trial. At a motions hearing, we were able to lock the arresting into his testimony. This later became critical when the officer "modified" his testimony at trial.
At trial, the defense brought both Ron Lloyd, a DUI Expert, and Dr. David Stafford, an analytical chemist to testify.
After trial and a short deliberation, the jury found I.R. NOT GUILTY.
DUI and DWI
Accident and 0.202/0.214 Breath Tests Gets Case Dismissal
Dec 18, 2008
OUTCOME: Case Dismissed after 2nd Reset of Trial
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.
DUI and DWI
2nd and 3rd DUI in 5 years reduced to Reckless Driving through Plea Negotiations
N/A
OUTCOME: DUI / Endangering Child DUI reduced to Reckless
This single mother was detained and arrested for DUI and endangering a child DUI (3 year old child in car) after being detained by the Police. Client was trying to do a good deed by going to bail her ...3 year old's grandfather out of jail where he taken due to a domestic dispute with his son (child's father). Mom tried to do the right thing and drop child off prior to going to the jail with the Dad, but Dad wouldn't take her and instead called the Police. Mom had a previous DUI in 5 years so this would be #2 and #3. We were prepared to attack this case on all possible fronts. As a result of tough plea negotiations and a compassionate COP (Yes some do exist) we were ultimately able to convince the Solicitor of the weaknesses in the case and secure a Reckless Driving Plea which prevented a potential Habitual Violator Status and a 5 year revocation of driving privleges, not to mention lengthy jail time.
DUI and DWI
DUI - Drugs Reduced to Reckless based on 4th Amendment violation
N/A
OUTCOME: DUI - Drugs Reduced to Reckless Driving
J.M. was a young lady that was confronted by a "good samaritan" in a local parking lot for alledgedly driving erratically. The "good samaratian" took the keys to J.M.'s car and called the police. The... police arrived on scene to investigate. During the investigation the police violated J.M's 4th amendment rights by illegally searching her vehicle resulting in the location of some prescription drugs. Thereafter field sobriety tests were conducted and J.M. was arrested for DUI-Drugs. The case was settled to reckless driving after a pre-trial conference in which the investigation of the officers was proven to be violative of J.M.'s constitutional rights. Given the circumstances J.M was more than happy to resolve the case with a reckless driving plea.
