Cumming, GA
Car accident Lawyer at Cumming, GA
Practice Areas: Car Accidents, Trucking Accident ... +3 more
OUTCOME: All Charges Dismissed
Client (D.C.C.) was charged with felony theft by taking in Lumpkin County Superior Court and represented by Attorney Parker McFarland. A 2000 GMC Sierra was found stripped and abandoned close to Client ... ’s residence. Although Client’s fingerprint was found in the truck and part of the truck bed was discovered by Lumpkin County Officers at Client’s home, he was found “not guilty” at the jury trial.
OUTCOME: Not Guilty
Client (M.O.) was charged with Boating Under the Influence in the Superior Court of Greene County. Client blew .098/.098 on the breath test at the jail (prior to 7/1/01). Despite being in a very conser ... vative jurisdiction with a jury who largely did not drink alcohol and although the State requested and received a jury charge that any breath test above .08% created a presumption that Defendant was “less safe,” Client was found “not guilty” of BUI.
OUTCOME: All Charges Dismissed
Client (P.H.) was stopped for driving without headlights at 6:06 a.m. in Atlanta and was arrested for DUI. At the jail, Client registered a .093 on the breath test. Attorney Parker McFarland filed a mo ... tion to suppress the breath test and contended there was not enough probable cause for a DUI arrest. The State’s evidence at the suppression hearing in Fulton County State Court was that Client was driving without headlights, had a strong odor of alcohol, bloodshot eyes, and failed the HGN eye and sobriety tests. Attorney Parker McFarland presented a certified copy of the official sunrise time of 6:27 a.m., proving that the client was legally driving without headlights since he was within the 30-minute grace window. Attorney Parker McFarland showed that the police officer did not perform the HGN test correctly and the videotape did not support the officer’s scoring of the sobriety tests. The Judge granted the motion to suppress the breath test results and Attorney Parker McFarland’s subsequent motion to dismiss all of the charges.
OUTCOME: Sentence Reversed
Wnek v. State, 262 Ga. App. 733 (2003) Client was charged with felony theft by taking and financial transaction card theft in Forsyth County Superior Court. A jury found the client “not guilty” of the ... ft by taking and guilty of financial transaction card theft. The Judge refused to give the client first offender status and Attorney Parker McFarland filed an Appeal to the Court of Appeals, contending that the Judge failed to use his discretion to grant first offender status. The appellate court vacated the sentence and remanded it back to the trial judge for resentencing. This time the Judge granted first offender status to the client, thus saving her from a felony conviction.
OUTCOME: All Charges Dismissed
Client (K.B.) was stopped by the City of Cumming Police for failure to maintain lane and was eventually arrested for DUI. The breath test result at the jail was .172. Client asked for an independent bl ... ood test and the officer took him to the hospital but would not allow him to use a telephone or go to an ATM to obtain funds for the blood test. Attorney Parker McFarland filed a motion to suppress the breath test results due to the failure of the officer to reasonably accommodate Client’s request for an independent blood test. The Cumming Municipal Court Judge denied the motion and found the Client guilty of DUI Per Se (unlawful blood alcohol level). Attorney Parker McFarland filed an appeal from Municipal Court to Superior Court. After an oral argument, the appellate court reversed the Cumming Municipal Court’s ruling and held that the trial court erred in denying Client’s motion to suppress. Consequently, Client’s DUI conviction was overturned and he was cleared of all charges.
OUTCOME: Not Guilty
After a single vehicle accident, Client (F.B.) was arrested by City of Cumming police officers for a second DUI within a five-year period and failure to maintain lane. Client registered an invalid samp ... le and then a .175 on the breath test at the jail. Attorney Parker McFarland filed a motion to suppress the breath test result because the officer only waited 11 minutes before retesting Client after the invalid sample and the law required 20 minutes to pass before retesting following an invalid sample. At the hearing on the motion to suppress in Forsyth County State Court, the State conceded that the breath test should be suppressed and it was. Despite evidence at the jury trial of Client’s previous DUI conviction, 22 open containers, slurred speech, bloodshot/glassy eyes, unsteadiness, and a strong odor of alcohol, the jury found Client “not guilty” of DUI in about 30 minutes.
OUTCOME: Not Guilty
Client (M.C.) was arrested by Forsyth County officers for a second-offense family violence battery charge (throwing the victim into an awning causing a laceration on her forehead and bruising around he ... r eye) against the same victim. At the jury trial in Forsyth County State Court, the alleged victim was cross-examined extensively by Attorney Parker McFarland and proven to be a liar. The jury returned a “not guilty” verdict.
OUTCOME: Not Guilty
In these two separate cases, both Clients (M.T. and B.M.) were arrested by Dawson County Officers for DUI with M.T. scoring .121/.112 on the breath test and B.M. scoring .101/.101 on the breath test. I ... n both cases, Attorney Parker McFarland hired an expert who testified at the jury trial that (1) gastric reflux caused the breath test results to be inflated due to stomach gas making its way into the esophagus and contaminating the breath test results and that (2) Clients’ true blood alcohol level was under the legal limit of .08. In both cases, Attorney Parker McFarland obtained “not guilty” verdicts on both the DUI Per Se (unlawful alcohol level) and DUI Less Safe charges.