State v. Weems, 318 Ga. App. 749 (2012)
Nov 26, 2012OUTCOME: Case Dismissed
Drug Trafficking Case
Atlanta, GA
Criminal defense Lawyer at Atlanta, GA
Practice Areas: Criminal Defense, DUI & DWI, Personal Injury
OUTCOME: Case Dismissed
Drug Trafficking Case
OUTCOME: Case dismissed
Client charged with DUI. 3/10 DUI charge with two similar transactions filed against client. Client stopped after failing to maintain lane. Client performed field evaluations but refused state admin ... istered test. Pretrial offer was 10 days to serve. Prosecutor stated that post trial recommendation would be 6 months to serve.
OUTCOME: Not guilty DUI
Client charged with DUI after making improper right turn in front of State Trooper. Client performed poorly on field evaluations and was arrested. Client refused state administered test. Second DUI ... arrest in last ten years. Pretrial offer was 10 days in jail with likely 30 day sentence after trial.
OUTCOME: Affirmed in part and reversed in part
The Supreme Court, Melton, J., held that: (1) trial court was required to rebuke prosecutor and give curative instruction upon defendant's objection to improper jury argument; (2) defendant's failure ... to obtain ruling on request for curative instruction did not waive claim that trial court erred in failing to give an appropriate instruction, disapproving Brooks v. State, 183 Ga. 466, 188 S.E. 711; but (3) trial court's failure to provide curative instruction upon objection to prosecutor's improper argument was harmless error.