Criminal defense Lawyer
Practice Areas: Criminal Defense, Family ... +2 more
OUTCOME: Reduced to Failure to Exercise Due Care
Driver was stopped for making a wide turn. The video showed there was no way for the officer to see over the hill to see her turn. The officer investigated and then told the passenger he was looking ... for a way to let the driver go home. The officer arrested the driver for DUI. At trial, the solicitor reduced the charge to Failure to Exercise Due Care.
OUTCOME: Reduced to reckless driving
Driver swerved to miss a deer and hit a tree. Officer arrived and arrested driver for DUI. From all field sobriety evaluations, the officer observed a total of two clues. The officer arrested the dr ... iver for DUI and failure to maintain lane. Before trial, the solicitor reduced the charge to reckless driving.
OUTCOME: Reduced to reckless driving
A citizen called 911 about a driver who was “all over the road.” One officer encountered the driver and stopped him, and another officer investigated and arrested the driver for DUI and failure to mai ... ntain lane. The officer requested a breath sample, and the driver blew a .162 grams/210L. At the motion hearing, the State did not have the arresting officer present and did not have the required inspection certificates from the GBI. The State reduced the charge to reckless driving.
OUTCOME: DUI dismissed.
August 2, 2010 Driver was stopped for almost hitting a patrol car. The Officer investigated and arrested the driver for DUI. The Officer requested a blood sample, and the driver declined. Before tr ... ial, the State reduced the charge to reckless driving.
OUTCOME: State did not prosecute
Driver was arrested for simple battery/family violence and three counts of reckless conduct. Defendant plead not guilty. At trial, the State declined to prosecute.
OUTCOME: Dead docketed
Client was met by police after an accident and charged with DUI and Hit & Run. On trial date, the court dead-docketed the case.
OUTCOME: Nolle prossed
Client was stopped for speeding and given field sobriety evaluations, then refused breath test. At motions hearing, State elected not to prosecute the case.
OUTCOME: DUI reduced to reckless driving.
Driver was observed entering the roadway at a high rate of speed and stopped for speeding. The driver declined to perform field sobriety evaluations and blow into the alco-sensor. The driver was arre ... sted for DUI. The driver declined to blow into the Intoxylizer 5000. Defendant filed a motion to have post-arrest statements suppressed. Before the hearing and before trial day, the Solicitor offered to reduce the charge to reckless driving and drop the speeding charge, saying it was “not the strongest case” for the State. The driver pled guilty to reckless driving, which also reversed the 12-month administrative suspension of his license.
OUTCOME: Not Guilty - on all counts
Driver was stopped for having a tag light out, but the vehicle uses a gap in the tail light lens to light the tag. The driver was later cited for failure to maintain lane. A DUI Task Force Officer wa ... s called to the scene to investigate. The driver performed field sobriety exercises with a bad leg. The driver blew into the alco-sensor. When the Officer arrested the driver for DUI, the driver asked what he blew. The Officer said she did not know and that she does not use that information in making her determination to arrest. After the motion hearing, the Solicitor offered to reduce the charge to reckless driving. The driver turned down the offer and announced ready for Jury Trial. After a two-day jury trial, the jury deliberated for 20 minutes and returned a verdict of NOT GUILTY.
OUTCOME: DUI reduced to reckless driving after appeal.
Late at night on the way back from a concert, the Driver struck a deer on the roadway and called 911. The officer arrived and smelled alcohol but elected not to perform field sobriety evaluations. Th ... e driver blew into the alco-sensor, and the officer arrested the driver for DUI. At the motion hearing, the officer’s testimony showed evidence of the presence of alcohol but did not show any impairment by alcohol. Counsel for the defendant successfully argued that the officer did not have probable cause to arrest the driver for DUI, so all evidence obtained as a result of the illegal arrest was suppressed, including the Intox 5000 result of .14. The State appealed the Judge’s ruling and argued that the officer had probable cause to arrest for DUI-less safe and DUI-per se (over .08). The defense successfully showed in its response that the trial court’s ruling should be upheld because 1) the trial court found no evidence of impairment by alcohol, and 2) the only result from the alco-sensor was that it showed ‘positive’ for the presence of alcohol, which is not enough to arrest for DUI-per se. Without the breath test result, the State added a charge of reckless driving and dropped the DUI.
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