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Not Guilty on 0.142 Test Case

Practice Area: DUI and DWI

Outcome: Defendant was found not guilty of the DUI and guilty of failure to maintain lane.

Description: A 19 year old female was arrested for DUI and FTML. Defendant's driving in and out of her lane was captured on video. Defendant failed all the field sobriety evaluations on video and blew a 0.142 and 0.146 on the Intoxilyzer 5000. This test result is seven times the legal limit for somoene under 21 (0.02 grams). Defendant was charged under 40-6-391 (k) for driving with an unlawful blood alcohol concentration above the legal limit of 0.02 for someone under 21. During the trial, I objected to the admission of the breath test due to incorrect information that was given to Defendant that her Colorado license would be suspended if she refused the breath test. The basis of this objection was a case that I handled at the Court of Appeals of Georgia (State v. Peirce). The trial court granted the motion and dismissed the DUI.

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