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Mark Burton’s Legal Cases

55 total


  • State of Georgia v. J.F.

    Practice Area:
    DUI and DWI
    Date:
    Mar 01, 2010
    Outcome:
    DUI reduced to reckless driving.
    Description:
    Driver was seen turning left at an intersection ahead of oncoming traffic and pedestrians. Officer followed driver several blocks and then stopped the driver and investigated. The driver refused to do any tests. The officer arrested the driver for DUI and failure to yield turning left. At the license suspension hearing, the officer unilaterally withdrew the affidavit. At the motion hearing on the DUI charge, the charge was reduced to reckless driving.
  • State of Georgia v. A.R.

    Practice Area:
    DUI and DWI
    Date:
    May 04, 2010
    Outcome:
    DUI reduced to reckless driving.
    Description:
    Driver was observed entering the roadway at a high rate of speed and stopped for speeding. The driver declined to perform field sobriety evaluations and blow into the alco-sensor. The driver was arrested for DUI. The driver declined to blow into the Intoxylizer 5000. Defendant filed a motion to have post-arrest statements suppressed. Before the hearing and before trial day, the Solicitor offered to reduce the charge to reckless driving and drop the speeding charge, saying it was “not the strongest case” for the State. The driver pled guilty to reckless driving, which also reversed the 12-month administrative suspension of his license.
  • State of Georgia v. J.H.

    Practice Area:
    DUI and DWI
    Date:
    Apr 28, 2010
    Outcome:
    Not Guilty - on all counts
    Description:
    Driver was stopped for having a tag light out, but the vehicle uses a gap in the tail light lens to light the tag. The driver was later cited for failure to maintain lane. A DUI Task Force Officer was called to the scene to investigate. The driver performed field sobriety exercises with a bad leg. The driver blew into the alco-sensor. When the Officer arrested the driver for DUI, the driver asked what he blew. The Officer said she did not know and that she does not use that information in making her determination to arrest. After the motion hearing, the Solicitor offered to reduce the charge to reckless driving. The driver turned down the offer and announced ready for Jury Trial. After a two-day jury trial, the jury deliberated for 20 minutes and returned a verdict of NOT GUILTY.
  • State of Georgia v. M.D.

    Practice Area:
    DUI and DWI
    Date:
    Apr 27, 2010
    Outcome:
    DUI reduced to reckless driving after appeal.
    Description:
    Late at night on the way back from a concert, the Driver struck a deer on the roadway and called 911. The officer arrived and smelled alcohol but elected not to perform field sobriety evaluations. The driver blew into the alco-sensor, and the officer arrested the driver for DUI. At the motion hearing, the officer’s testimony showed evidence of the presence of alcohol but did not show any impairment by alcohol. Counsel for the defendant successfully argued that the officer did not have probable cause to arrest the driver for DUI, so all evidence obtained as a result of the illegal arrest was suppressed, including the Intox 5000 result of .14. The State appealed the Judge’s ruling and argued that the officer had probable cause to arrest for DUI-less safe and DUI-per se (over .08). The defense successfully showed in its response that the trial court’s ruling should be upheld because 1) the trial court found no evidence of impairment by alcohol, and 2) the only result from the alco-sensor was that it showed ‘positive’ for the presence of alcohol, which is not enough to arrest for DUI-per se. Without the breath test result, the State added a charge of reckless driving and dropped the DUI.
  • State of Georgia v. S.O.

    Practice Area:
    DUI and DWI
    Date:
    Mar 17, 2010
    Outcome:
    DUI dismissed.
    Description:
    Driver was followed by Georgia State Patrol Trooper through four turns on local roads. Trooper stopped driver for “crossing over the fog line a couple of times.” Driver performed field sobriety examinations and provided a sample for the alco-sensor. Driver was arrested for DUI. The driver refused to blow into the Intoxilyzer 5000. On trial day over two years later, the entire case was dismissed.
  • State of Georgia v. Y.T.

    Practice Area:
    DUI and DWI
    Date:
    Feb 19, 2010
    Outcome:
    DUI reduced to reckless driving.
    Description:
    Driver was followed by Georgia State Patrol Trooper through four turns on local roads. Trooper stopped driver for “crossing over the fog line a couple of times.” Driver performed field sobriety examinations and provided a sample for the alco-sensor. Driver was arrested for DUI. The driver refused to blow into the Intoxilyzer 5000. On trial day over two years later, the entire case was dismissed.
  • State of Georgia v. J.T.

    Practice Area:
    DUI and DWI
    Date:
    Feb 16, 2010
    Outcome:
    DUI reduced to reckless driving.
    Description:
    Driver had rung a neighbor’s doorbell because he had stopped driving during a hypoglycemic episode. The neighbor called 911. The officer arrested him for public intoxication. Later, when the neighbor discovered the driver’s truck in the driveway, the officer re-arrested him, this time for DUI. The officer read the Georgia Implied Consent Notice and requested a breath sample. The driver refused. In court two years later, and after announcing Ready for jury trial for eight months, the state reduced the charge to reckless driving and dropped the amended loitering/prowling charge and the open container charge.
  • State of Georgia v. V.D.

    Practice Area:
    DUI and DWI
    Date:
    Aug 10, 2009
    Outcome:
    Not Guilty on all three counts
    Description:
    Driver was stopped for failing to maintain lane and for going 22 miles per hour below the speed limit. Two officers investigated, and the driver was arrested for DUI. One officer found a cup of “distilled spirits” between the front seats. Driver was charged with DUI, open container, and failure to maintain lane. At trial, the jury found the driver NOT GUILTY on all three counts.
  • State of Georgia v. P. J.-L.

    Practice Area:
    DUI and DWI
    Date:
    Jul 26, 2010
    Outcome:
    Nolle prossed
    Description:
    Client was stopped for speeding and given field sobriety evaluations, then refused breath test. At motions hearing, State elected not to prosecute the case.
  • State of Georgia v. A.A.

    Practice Area:
    DUI and DWI
    Date:
    Jul 26, 2010
    Outcome:
    Dead docketed
    Description:
    Client was met by police after an accident and charged with DUI and Hit & Run. On trial date, the court dead-docketed the case.