Attorney Bob Giannini's Legal Cases

DUI and DWI

2nd DUI in five years - not guilty jury verdict

Nov 29, 2011

OUTCOME: Not Guilty jury verdict

Client was stopped at a roadblock. Officer smelled alcohol and made client blow on portable breath machine, which gave a positive reading for alcohol, and had her submit to field tests. After arresti ... ng for DUI, he read her the Miranda rights, and made her admit to some prescription med use, so they charged her with a DUI of alcohol and drugs. At trial the judge allowed the police to testify to the jury that same client had a DUI less than three years ago. We were able to catch the officer in several contradictions. Jury was back with not guilty verdict in less than an hour.

Criminal defense

State v. Josue B.

Apr 05, 2011

OUTCOME: Not guilty jury verdict.

Client was arrested for Hit & Run and theft of motor vehicle (felony). As he lived out of the country, client was unable to make bail. We filed a speedy trial demand and began investigating the case. ... There was an accident and client was spotted walking away from the scene and questioned by the police. As his ID did not match name of car owner he was released. Later police arrested him when they received info stating client had stolen the car. DA's office refused to negotiate as I had filed a speedy trial demand. Prior to trial DA dropped the Hit & Run, but we pressed on. We were successful in challenging the credibility of the car owner who claimed client stole the car. After a two day trial, the jury came back with a not guilty verdict in about an hour.

Criminal defense

Marijuana in Prison Cell

Sep 24, 2009

OUTCOME: Not guilty jury verdict.

Client was an inmate at Phillips State Prison in Gwinnett County. During a cell sweep marijuana was found in his cell. No one else was in the cell at the time. Client was serving life for murder, bu ... t had the possibility of getting paroled some day. Possession of marijuana by an inmate is a felony, so a guilty plea or verdict would have been bad for his chances of parole. Before trial the Judge told me that she felt my client would be found guilty as soon a jury learned he was serving life for murder and she urged me to have my client consider a plea deal. I filed a motion under the Supreme Court case of Old Chief v. US. Over the prosecution's objection the Judge reluctantly agreed with me that the jury would not be told that client had been convicted of murder, had been sentenced to life, and that he was still in prison. After some bumping of heads the client finally agreed to do exactly what I told him to do during trial. Three guards and 1 inmate testified for the prosecution. We had no witnesses for our side - just me. After a THREE day trial, the jury found the client not guilty in less than an hour. When the jury learned about the nature of the murder that client had been previously convicted of they said they would have found him guilty if they had know. That was why I had to keep them from knowing.

DUI and DWI

Passed Out In Rush Hour Traffic

Jan 15, 2004

OUTCOME: Verdict: Not Guilty of DUI

Mr. C.R. was passed out behind the wheel of his car at a traffic light. It was 4:30 p.m. on a Friday afternoon during rush hour traffic. Other motorists called 911 and an ambulance responded. The Gw ... innett Police station was nearby so two detectives responded to control traffic until a patrol vehicle could arrive. When a patrolman arrived he was informed by the paramedics and the detectives that the driver was "drunk." The patrolman arrested Mr. C.R. for DUI and requested a breath test. Mr. C.R. refused to blow. At trial the paramedic, a detectice, and the patrolman all testified that the defendant was obviously intoxicated. Mr. Giannini argued that the failure of the patrolman to perform any field sobriety tests eliminated the chance to rule out other possible reasons for the apparent intoxication. Mr. Giannini's arguments prevailed and Mr. C.R. was found NOT GUILTY of DUI.

DUI and DWI

State of Georgia v. C.R.

N/A

OUTCOME: Verdict: Not Guilty of DUI

Mr. C.R. was passed out behind the wheel of his car at a traffic light. It was 4:30 p.m. on a Friday afternoon during rush hour traffic. Other motorists called 911 and an ambulance responded. The Gw ... innett Police station was nearby so two detectives responded to control traffic until a patrol vehicle could arrive. When a patrolman arrived he was informed by the paramedics and the detectives that the driver was "drunk." The patrolman arrested Mr. C.R. for DUI and requested a breath test. Mr. C.R. refused to blow. At trial the paramedic, a detectice, and the patrolman all testified that the defendant was obviously intoxicated. Mr. Giannini argued that the failure of the patrolman to perform any field sobriety tests eliminated the chance to rule out other possible reasons for the apparent intoxication. Mr. Giannini's arguments prevailed and Mr. C.R. was found NOT GUILTY of DUI.

DUI and DWI

"Passed Out in Turn Lane"

N/A

OUTCOME: Not Guilty of All Counts

The Defendant, Mr. M.G., was charged with two counts of DUI, improper stopping in the roadway, and failure to get a Georgia license. This case was sent to me by another attorney who felt the case was ... hopeless. At trial the arresting officer testified that Mr. M.G. was passed out behind the wheel of his car with engine running, the headlights on, and improperly stopped in a turn lane. Mr. M.G. submitted to a breath test and was well above the legal limit. At trial I was able to bring out several serious inconsistencies in the officer's story. The jury was out about an hour and came back with NOT GUILTY verdicts on all counts.

DUI and DWI

Passed Out in McDonald's Drive-Through Line

N/A

OUTCOME: Not Guilty of DUI

Client was able to place an order in the McDonald's drive-through lane, but then passed out. The restaurant manager was unable to wake him, so he called 911. A police officer determined that Mr. J.B. ... was very much under the influence of alcohol and placed him under arrest. At the jail Mr. J.B. attempted to provide a breath sample, but he could not provide a valid sample. At trial, Mr. Giannini was able to get the officer to admit that he could have tried again with the breath test or have asked for a blood test. Mr. J.B. was found NOT GUILTY!

DUI and DWI

Followed By Two Detectives

N/A

OUTCOME: DUI Arrest Thrown Out

Defendant had met with three other attorneys who all told her that her case could not be won, and that she would have to plead guilty. Defendant was driving very badly up I-85. Two undercover detecti ... ves began following her. She had trouble staying in her lane and was speeding up & slowing down. The detectives were undercover so had no blue lights to pull her over. They called dispatch and followed her while dispatch routed patrol vehicles to make the stop. Defendant got off at Jimmy Carter Blvd, made an illegal u-turn and got back on I-85. She continued driving poorly up I-85 and got off at Beaver Ruin Road, There she was finally stopped by 5 patrol cars. She was arrested for DUI and gave a breath test about twice the legal limit. At a pretrial hearing several police officers, including both detectives, testified about the bad driving and how drunken the driver was. Mr. Giannini argued that as the police could not remember which officer initially spoke with the driver the prosecution could not prove the initial detention after the traffic stop was valid. The prosecutor's response was "well if defense cousnel wants to get technical about it..." Mr. Giannini responded "Judge, its not technical, its constitutional..." The judge agreed and the arrest was thrown out. ALL CHARGES DISMISSED!

Bob Giannini's Legal Cases (8)

2nd DUI in five years - not guilty jury verdict

State v. Josue B.

Marijuana in Prison Cell

Passed Out In Rush Hour Traffic

State of Georgia v. C.R.

"Passed Out in Turn Lane"

Passed Out in McDonald's Drive-Through Line

Followed By Two Detectives