Defendant came to our offices with a pending DUI-Drugs case involving a blood test that showed positive for cananbanoids and a confirmatory test showing positive for THC metabolites. 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 Defendant NOT GUILTY.
PROBATION INSTEAD OF PRISON
5 years probation
State of Georgia indicted Defendant with five charges, including one count of Family Violence (Felony), two counts of Aggravated Cruelty to Animals (Felony), one count of Felon in Possession of a Firearm (Felony) and one count of Cruelty to Children (misdemeanor). State originally recommended 5 years in prison based upon client's criminal history. After emphasizing the State's lack of evidence and putting pressure on the State to try their case, Ashley was able to secure a plea to 5 years probation.
DUI and DWI
Not Guilty verdict after bench trial
Defendant was found asleep in her parked car at a mall parking lot by an officer on patrol. Once contact was made, the officer noticed indicators of intoxication and performed field sobriety evaluations on the defendant. Defendant was subsequently arrested for DUI and took the state breath test, registering at .17. At trial, Larry Kohn and Ashley Schiavone did not challenge the extent of the defendant's intoxication. Instead, they argued that the facts of the case could not support a DUI conviction under the statute because defendant failed to meet the requirement of "driving a moving, motor vehicle." The judge agreed that the circumstantial evidence was not enough to meet the State's burden of proving guilty, and rendered a verdict of Not Guilty.