Atlanta, GA
DUI and DWI Lawyer at Atlanta, GA
Practice Areas: DUI & DWI, Criminal Defense ... +3 more
OUTCOME: DUI dismissed
Client was pulled over for Improper U-turn, and Improper Stopping. After observing alleged manifestations of DUI, client was arrested for DUI Less Safe. At a Motion to Suppress and Dismiss, Ashley vi ... gorously argued a lack of probable cause to arrest and sustain the case. The judge agree and the DUI charge was dismissed before even going to trial.
OUTCOME: DUI dismissed
Defendant was pulled over for no headlights and subsequently charged with DUI less safe and DUI per se (.120 breath test). Ashley filed a motion to suppress and dismiss the case based on a lack of pro ... bable cause for arrest and invalid consent to search under the 4th Amendment and the most recent Georgia Supreme Court case of Williams v. State. After testimony and evidence from both the State and the Defense, the judge suppressed all evidence following the illegal arrest based upon a lack of probable cause, declining to reach the 4th Amendment issue because his probable cause ruling made it unnecessary. After the hearing, the State dropped the DUI charge entirely.
OUTCOME: Evidence suppressed and reduction to Reckless Driving
Defendant was pulled over for speeding and charged with DUI less safe and DUI per se (.149). After filing a motion to suppress all statements, field sobriety evaluations, and the breath test , a heari ... ng was set to determine issues of custody, and consent to search under the 4th Amendment and Williams v. State. Testimony from both the State and defense in this case, rendered conflicting evidence as to whether or not the defendant was pulled from her vehicle after being stopped in Gwinnett County for speeding. Ashley argued that a show of force puts the defendant into custody and places them in a position where they do not feel free to leave. Without proper Miranda warnings when a Defendant is in custody, Ashley argued that all statements made by the defendant and all field sobriety evaluations should be suppressed under the United States and Georgia Constitution. The judge agreed, finding that the defendant WAS placed in custody without Miranda warnings, and suppressed all statements and field evidence.
OUTCOME: NOT GUILTY verdict after jury trial
Defendant was pulled over after turning around at a roadblock in Gwinnett County. After submitting to field sobriety, police arrested defendant for DUI Less Safe. In a one day, consolidated motion hear ... ing and jury trial, Ashley challenged the reasonable articulate suspicion for the stop, constitutionality of the roadblock and reasonable doubt as to guilt. After one hour of deliberations, the jury returned a verdict of Not Guilty.
OUTCOME: Not Guilty after jury trial
Client was stopped at a roadblock with an open container of alcohol in visible sight. Field sobriety tests were performed and after being arrested for DUI, Defendant attempted to give a breath sample ... but instead, blew an insufficient sample into the Intoxilizer 5000. During a two day jury trial, Ashley emphasized the lack of "bad driving evidence" in cases that arise out of a roadblock/checkpoint. Ashley also effectively cross examined the arresting officer and got him to admit that poor performance on field sobriety does not always indicate intoxication. Jury ultimately returned a verdict of NOT GUILTY.
OUTCOME: NOT GUILTY after jury trial
Client was stopped at a roadblock and after peforming field sobriety, was arrested for DUI. At Motions, Ashley Schiavone vigorously challenged the validity of the roadblock despite the judge ultimatel ... y ruling that the stop was constitutional. During jury trial, Ashley challenged the effectiveness of field sobriety and raised reasonable doubt as to client's level of intoxciation. After a one day jury trial and ten minutes of deliberation, the jury returned a verdit of Not Guilty.
OUTCOME: Not Guilty on all counts after bench trial
Defendant was charged with DUI and Failure to Maintain Lane. Although Defendant refused the State breath test, she participated in all standardized field sobriety evaluations at roadside. Ashley Schi ... avone took the case to Bench Trial, arguing reasonable doubt for both the Failure to Maintain Lane and field sobriety clues of impairment. After a one day trial, the judge found Defendant Not Guilty of all charges.
OUTCOME: Not Guilty on all counts after jury trial
Cherokee County prosecuted Defendant on two counts of DUI: DUI Per se (.09 breath alcohol result) and DUI Less Safe. Ashley spent two days trying the case during which time she employed the efforts of ... an expert witness and focused on errors in the administration of the breath test. When the State brought in their expert witness from the Georgia Bureau of Investigation in rebuttal, Ashley was able to effectively cross examine him about the limitations inherent in Georgia's breath testing program. Ashley was able to secure a Not Guilty on all counts, keeping the jury out for only 25 minutes in deliberation.
OUTCOME: 5 years probation- no jail time
Defendant came to Ashley with one count of Possession of MDMA with Intent to Distribute and One Count of Possession of Marijuana Less than an Ounce. Due to the quantity of drugs found in Defendant's v ... ehicle and his pending Murder charges in Chatham County, the District Attorney wanted 15 years probation. Unwilling to expect this plea deal, Ashley pre-tried the case with the Judge of Fulton County and entered into a non-negotiated plea of 5 years probation.
OUTCOME: Reduction to Reckless Driving
Defendant came to Ashley with one count of DUI less safe and one count of DUI per se (.083 breath). As a member of the 2nd Battilion in the United States Marine Corps, Defendant was faced with reducti ... on in rank and possible expulsion from the military if convicted of DUI. For months, the State of Georgia refused to reduce the case. Unwilling to except a plea to DUI, Ashley prepared to fight the case in a Dekalb County Jury Trial. On the day of trial, the State reduced Defendant's DUI charges to one count of Reckless Driving. Defendant was not only afforded the opportunity to save his license, but also kept his position in the United States Marine Corps.
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