Atlanta, GA
DUI and DWI Lawyer at Atlanta, GA
Practice Areas: DUI & DWI, Criminal Defense ... +3 more
OUTCOME: Conviction Reversed
Landmark case regarding admissibility of HGN results in Georgia. The Georgia Supreme court reversed the both the Trial Court and Court of Appeals agreeing with our argument that the HGN cannot be used ... to establish a blood alcohol level as there was no scientific bases for using this common DUI test in this manner.
OUTCOME: Trial Court sustained. The State of Georgia does not possess the source code for the Intoxilyzer 5000.
Hills v. State. Hills filed a motion for discovery of the “source code” used to program the Intoxilyzer 5000. The trial court denied the motion. Because admission of the source code has not previously ... been addressed by this Court, the GA Ct of APP granted Hills' request for interlocutory review. 291 Ga.App. 873, 663 S.E.2d 265
OUTCOME: Because Brooks abandoned his right to an independent test, his breath test results were properly admitted by the trial court.
On December 18, 2005 at approximately 4:00 a.m., a police officer observed Brooks impeding the flow of traffic on I-285 by driving below the 40 mile per hour minimum speed limit. After stopping Brooks, ... the officer approached the vehicle, spoke with Brooks, and noticed a strong odor of alcoholic beverage. Brooks denied drinking. The officer had Brooks step out of the vehicle. He conducted field sobriety evaluations. He determined that Brooks' performance was “pitiful.” The officer placed Brooks under arrest and told Brooks he was being charged with DUI. Brooks immediately exclaimed, “No, please, can I get a blood test?” The officer then made his first attempt to read Brooks the implied consent notice. He was unable to successfully read the entire notice because Brooks constantly interrupted, attempting to convince the officer that he was not driving under the influence. The officer then read the implied consent notice another time. Again he was constantly interrupted by Brooks, who said he did not understand what was being read. Brooks finally took the breath test. The officer claimed that he asked Brooks if he wanted his independent test, and Brooks could not recall if that happened or not.
OUTCOME: Sentence Reversed.
Established that defendant could not be sentenced for both reckless driving and speeding offense arising out of same conduct.
OUTCOME: Won appeal that overturned Ct of App decision that Keller's appeal was untimely
The Georgia Supreme Court concluded that when a multi-count indictment is the subject of one trial and the fact-finder returns a verdict of guilty on each count of the indictment, the case is not fina ... l and subject to appeal until a sentence has been entered on each count of the indictment. Because the Court of Appeals's dismissal of Keller's appeal is inconsistent with this rule, we reverse its judgment and remand the case to it for proceedings consistent with this opinion.
OUTCOME: Conviction Reversed
Established involuntary intoxication as a defense in Georgia.
OUTCOME: Held harmless error.
Established right to jury instruction that a refusal of a state administered sobriety test does not infer intoxication.