Not Guilty Verdict on DUI-Drugs, DUI-Alcohol, and DUI-Combined Substances
Oct 18, 2012
OUTCOME: Not Guilty
A Coweta County client was charged with DUI-Drugs, DUI-Alcohol, and DUI-Combined Substances. He admitted on video that he had smoked marijuana approximately 2 hours before driving, and he admitted to ...drinking "4 or 5 beers." The jury deliberated for approximately 2.5 hours before returning a not guilty verdict on all counts.
Workers compensation
Ruling of Superior Court Judge Reversed by Court of Appeals
Mar 29, 2012
OUTCOME: Superior Court Denial of Medical Benefits REVERSED by Court of Appeals.
Our client suffered a compensable workers' compensation injury while working for Dependable Tire. Since he could not drive, the Employer/Insurer provided him transportation to and from his medical app...ointments. After attending one of his workers' compensation medical appointments, the van provided by the Employer/Insurer was involved in an accident. The Employer/Insurer argued that the accident was an intervening cause of the client's need for medical treatment and denied him further treatment. While the SBWC rejected the Employer/Insurer's argument, the Superior Court held that the accident was an intervening cause, and terminated the client's medical benefits. The Court of Appeals reversed the Superior Court and ordered payment of the claimant's medical benefits.
DUI and DWI
Successful "mouth bias" argument results in reduction of DUI to Reckless Driving
Feb 09, 2012
OUTCOME: DUI reduced to Reckless Driving
Our client, who was under the age of 21, was arrested for DUI-Per Se by Alpharetta Police. Since the client had a history of chronic acid reflux, we argued that the test result was not reliable. Speci...fically, we argued that he suffered an acid reflux attack prior to the administration of the breath test, thereby introducing unmetabolized alcohol from the stomach into the esophagus, thus tainting the breath sample. Accordingly, the DUI-Per Se charge was reduced to Reckless Driving.
DUI and DWI
Breath Test Suppressed
Jan 19, 2012
OUTCOME: Breath test suppressed, and DUI reduced to Reckless
Our client was arrested by City of Atlanta police for allegedly failing to maintain her lane while driving on I-75/85 Northbound.
Although she submitted to a chemical test of her breath, (which showe...d a BAC in excess of .08), we were able to keep the breath test result out of evidence based on the fact that the officer advised her of her implied consent rights prior to arrest, rather than at the time of arrest, as required by law. As a result, the DUI was reduced to Reckless Driving.
DUI and DWI
Not Guilty Verdict
Oct 20, 2010
OUTCOME: Defense Verdict
DUI Per Se in Bartow County
Workers compensation
$350,000.00 Workers' Compensation Settlement
N/A
OUTCOME: Settled for $350,000.00
Claimant was a factory worker who fell off of a merchandise rack and broke his leg. He subsequently developed a DVT, which lead to a pulmonary embolism.
DUI and DWI
Not Guilty Verdict on DUI Per-Se
N/A
OUTCOME: Not guilty verdict
Defendant was a commercial driver who struck a parked vehicle while returning to his home. Upon arriving at his home, Defendant began drinking rum. A Bartow County jury acquitted him on the charge of... DUI Per-Se because the state was unable to prove that he consumed alcohol BEFORE the accident.
Criminal defense
Directed Verdict of Not Guilty
N/A
OUTCOME: Directed Verdict of Not Guilty
Our client, a farm hand on a local Bartow County farm, was approached by a law enforcement officer who, based on a tip from the owner of the farm, demanded that he produce identification to prove that ...he did not have an outstanding warrant for his arrest for Failure to Appear on a drug possession charge. Our client
refused to produce identification because he did not believe that the police had the right to require him to produce ientification
under the circumstances. The law enforcement officer attempted to arrest the client, and the client picked the officer up and slammed him to the ground, breaking his leg. The client was
charged with Felony Obstruction, and we took the case to a jury trial. We defended the case on the theory that the officer lacked Reasonable Articulable Suspicion that the client was engaged in criminal activity, and thus, the officer's demand that the client produce identification was unlawful. The case never made it to the jury. At the conclusion of the State's case, the trial judge granted our Motion for Directed Verdict of Not-Guilty.