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Cobb County .05 Under 21 DUI dismissed after motion hearing

Practice Area: DUI and DWI

Outcome: Guilty Reckless Driving, DUI dismissed

Description: Defendant was stopped at a roadblock by a Kennesaw State University Officer. The arresting officer tesitified that Defendant would not have been arrest expect for the fact that she was under 21. He testified on cross examination that my client was not less safe to drive. At the scene, she refused the test. However, at the station, she changed her mind based upon a Cobb County officer's (who was in the intoxilyzer room) statements. He told her to quit crying and if she took the test, at least she could get a permit. Defendant testified and did a great job. The judge did not throw the test results out, rather he gave us the impossible task of finding the officer, bringing him to court and seeing if he confirmed her story. Good Luck! Anyway, the arresting officer did remember my client speaking to another cop, but did not hear what was said. By chance, a Cobb County officer was in the jury box and heard the case. He then told me that he thought he knew who the cop was who spoke with my client. I eventually found the cop and he told me that my client was falling down drunk (b/s) and he would tell the judge just how drunk she was. I already had the arresting officer under oath saying she was sober. I told the prosecutor of what took place and she confirmed with her boss that the cop at the station was a blowhard and a liar. She agreed to drop the DUI and my client went back to college without a DUI on her record.

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