(May 2017) He had gone out out friends after a full shift at work and had a couple of drinks, the last one being at midnight. He left the club at 2:00 a.m. after offering his (intoxicated) friend a ride home. While leaving the parking lot, he turned left instead of his normal (accustomed) right and moved a short distance on the wrong side of the road. He corrected, but was blue lighted and pulled over. He was given a breathalyzer (blew 0) and the given a field sobriety test. The officers made him remove his glasses (why??) and it definitely affected his balance and the ability to walk heal-to-toe, etc. He was then taken for a blood test, then arrested and booked into the Acworth jail. (June 2017) First court date/City of Kennesaw - attorney continues the case (he had a conflict). (Aug 2017) Prosecution cannot (will not?) provide field sobriety test video or blood test results. Attorney requested case be moved to Cobb State Court. (Today) received notice that court date has been set (finally) for Feb 2nd 2018. What are our options if the blood test is negative? Attorney wanted my son to take the DUI class before court date and suggested he plead NOLO! How to proceed?
I'm not in your state. Nobody on the Internet can advise you of a specific course of action.
The blood test won't be "negative." If it comes back with 0.0, I suspect they won't continue the prosecution. That's just a guess, however. Prosecutors love to prosecute, and prosecutors HATE DUIs.
Lab work can sometimes take a while. In my state blood would be sent to a state police lab and there are only a handful of them.
Video SHOULD exists since it is so commonplace now, but the state likely has to turn it over only after his attorney files an appropriate request for discovery.
The attorney telling him to take the class - might have been perfectly good advice. I can probably count on a single hand how many clients I've had whose blood came back with nothing in it. Taking the class is good preparation in case the defendant ends up pleading.
If you do not have a copy of the police report you can likely make a public record request from the police agency. You MIGHT be able to get copaudio/video that way also.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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