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State of Georgia v. A.D. (Gwinnett County State Court)

Our client was stopped by a member of the Gwinnett County DUI Task Force  for allegedly speeding on I-85.  After approaching our client's vehicle, the officer detected alcohol on our client's breath.  Our client honestly acknowledged drinking that night.  Our client submitted to standardized field sobriety tests, and subsequent to his performance of the field sobriety tests requested by the officer, our client was formally arrested.  The officer requested that our client submit to a state-administered breath, but our client wanted to speak with his uncle, who is a lawyer, before responding to the breath test request.  The officer refused our clients request and treated our client's response as a refusal of the state-administered breath test.  Our client was charged with DUI, speeding, open container, and no insurance.  Gwinnett County DUI lawyer Ben Sessions entered a not guilty on the behalf of our client and filed motions to suppress all of the evidence arising from the stop and arrest of our client.  At the motions hearing, the state was unable to meet their burden of proof and all evidence in our client's case was suppressed.  Our client's DUI, no insurance, open container, and speeding charges were dismissed. 

 

If you need a Georgia DUI lawyer that will fight for your rights and is skilled enough to win your Georgia DUI case, contact our office today.  

 
State of Georgia v. M.O. - Gwinnett County State Court DUI
State of Georgia v. M.O. - Gwinnett County State Court DUI

Our client was charged with DUI in Gwinnett County, Georgia after he was involved in an accident in a restaurant parking lot.  After an officer of the Gwinnett County Police Department arrived on the scene, our client was arrested for DUI.  Our client submitted to all of the officer's requests, including the state-administered breath test on the Intoxilyzer 5000.  The results of the state-administered breath test showed that our client's BAC was .09, so our client was charged with two types of Georgia DUI charges - DUI per se and DUI less safe.  Our client's DUI case started in the Gwinnett County Recorder's Court but was bound over to the Gwinnett County State Court for a jury trial.  At the motions hearing, Georgia DUI lawyer Ben Sessions successfully argued for the exclusion of the state-administered breath test and obtained a transcript that proved critical in establishing the defense that ultimately earned our client a not guilty verdict at his DUI trial. At our client's DUI trial, the state relied upon the testimony of the arresting officer and a manager for the restaurant where the accident occurred.  Ultimately, those witnesses were not enough to establish that our client was guilty of DUI under Georgia law.  Our client was only charged with DUI, so after the not guilty verdict, he walked from the courtroom with no fines, no license suspension, no probation, and criminal or traffic offense on his record.

 
State of Georgia v. J.E. - Oconee County Superior Court

Our client was charged with DUI after the UGA-Alabama game in late 2008.  He was caught up in the intensive DUI roadblock enforcement effort known as "Rolling Thunder" orchestrated by the Georgia State Patrol.  Our client fully complied fully complied with the requests of the arresting officer.  The officer observed 6 of 6 clues on the HGN, 4 clues on the walk-and-turn test, and 2 clues on the one leg stand test.  Based on these observations, the officer arrested our client, read him the implied consent warning, and had him submit to the state-administered breath test.  Our client submitted to the breath test which showed that he had a BAC of .109. 

Our Georgia DUI lawyers conducted a full investigation of the roadblock and uncovered a document which showed that our client was stopped prior to the time that the roadblock was authorized to begin.  Based on this discovery, our Georgia DUI lawyers used this document to negotiate for a dismissal of our client's DUI.  He entered a plea to reckless driving, received no jail time, no drivers license suspension, and no DUI on his record. 

 
State of Georgia v. C.B. – Atlanta Municipal Court

Our client was stopped by an officer of the Atlanta Police Department for allegedly driving at a high rate of speed without having her headlights on.  After approaching our client's vehicle, the officer detected alcohol on her breath.  Our client honestly acknowledged drinking 1 beer.  Our client submitted to standardized field sobriety tests.  Our client also submitted to the state-administered test of her breath, which showed that her BAC was .121.  Our client was charged with DUI, reckless driving, and driving with no headlights.  After our Atlanta DUI lawyer announced ready for trial, the state announced that it was not able to go forward with the case.  All of our client's charges were dismissed, including her DUI charge. 

 
State of Georgia v. C. Q. – Gwinnett County State Court

Our client was arrested by officer employed by the Norcross Police Department. He was arrested for DUI in Gwinnett County , and chargd with failure to obey a traffic control device, failure to yield while turning left, and DUI. After our client was stopped, the arresting officer his vehicleand smelled an odor of alcohol on his breath. The officer administered field sobriety tests, including the HGN, one-leg stand, and walk-and-turn tests. The officer claimed our client failed all field sobriety tests. Our client submitted to the state's breath test which showed very low alcohol concentration in his breath -.053 and .052. Our client hired us after he bound the case over to Gwinnett County State Court and just prior to a jury trial. After we announced ready for trial, the solicitor agreed to dismiss the DUI and failure to yield charges. Our client pled guilty to disobeying a traffic control device. Our client, who was seeking his Georgia CDL , was allowed to continue on in pursuit of his employment goals as a result of this excellent result attained by our Georgia DUI lawyer Ben Sessions.

 
State of Georgia v. R.B. - Blue Ridge Municipal Court

Our client possessed a Georgia CDL when he was charged with DUI in Blue Ridge (Fannin County), Georgia.  Our client's Georgia DUI charge was dismissed and he entered a plea to reckless driving, which saved his Georgia CDL from suspension.  Our client was not sentenced to any time in jail, no community service, and was not required to complete a DUI school course.   

 
State of Georgia v. C.H. - Cherokee County State Court
 

While driving to work at 6:15 in the morning, our client was stopped for failing to stop at a stop sign.  The officer spoke with our client, smelled alcohol, saw that he had bloodshot and watery eyes, and asked our client to submit to field sobriety tests.  Our client submitted to the horizontal gaze nystagmus (HGN) test, the 9-step walk-and-turn test, and the one-leg stand test.  Our client showed 4 clues on the HGN, 2 clues on the walk-and-turn test, and 1 clue on the one-leg stand test.  After being arrested for DUI, our client was read the implied consent advisement and he agreed to submit to the state-administered breath test on the Intoxilyzer 5000. 

After submitting to the state-administered breath test, which showed that he had a breath-alcohol content level of 0.174 grams, our client elected to have an independent test performed.  The officer took our client to the hospital for blood; however, a blood test was never performed despite our clients repeated declarations that he wanted a blood test. 

At the motions hearing in this case, the Cherokee County State Court granted our motion to exclude the state-administered breath test.  After being called in for trial, the state offered to dismiss our client's DUI charge in exchange for a plea to reckless driving.  Our client accepted this offer, obtained a no contest to reckless driving, suffered no license suspension, and suffered no jail sentence.  Yes, DUI cases with exceptionally high breath test results can be won.  However, you must have DUI lawyer that knows Georgia DUI law and is willing to fight to protect your rights.  

 
State of Georgia v. K.D. - Fannin County (Blue Ridge, Georgia) - DUI Dismissed
Our client, who was under 21 years of age, was charged DUI and minor in possession of alcohol in Fannin County, Georgia.  Our client's DUI charge was dismissed and he entered a plea to minor in possession of alcohol (not while operating a motor vehicle).  Our client's driver's license was not suspended as a result of this case and he was not ordered to serve any jail time. 
 
State of Georgia v. G.V. - Effingham County State Court (Springfield, Georgia)
Our client was charged with DUI, an open container violation, and failure to maintain lane in Effingham County, Georgia. This DUI charge was our client's second DUI charge within a year and would have resulted in a full license suspension for at least a year.  Despite our client's breath test results, which were well in excess of 2 times the legal limit, we were able to negotiate for a dismissal of his DUI charge.  Our client entered a guilty plea to reckless driving. 
 
State of Georgia v. E.B. - Monroe County Probate Court (Forsyth, Georgia)

Our client was allegedly observed failing to signal his change of lanes approximately 4 times by a member of the Georgia State Patrol.  When the trooper increased his speed to observe our client more closely.  As the trooper's vehicle approached our client's vehicle, our client allegedly slowed his vehicle and began allegedly following too closely to the trooper.  Our client was eventually stopped for failing to signal and following too closely. After stopping our client and speaking with him, the trooper conducted the horizontal gaze nystagmus (HGN) test upon our client. After performing the HGN test on our client, the trooper arrested our client.  The trooper then directed another officer who had arrived on the scene to take our client to the Monroe County Sheriff's Office for the breath test.  The breath test results showed that our client had a breath-alcohol content level of .111 g/210L. 

Our client was a resident of Florida and, if he were convicted of DUI, this would have been his second DUI conviction within the last 4 years.  Our client's DUI charge in Georgia could have resulted in a 5-year revocation of his Florida license. 

We filed a motion to suppress our client's arrest and when the case for motions, the state was unable to proceed upon the DUI charge due to the absence of the trooper that stopped our client. Rather than risk the possibility of the Court granting the State a continuance to have the stopping officer present, our client agreed to a dismissal of his DUI charge and the entry of a guility plea to reckless driving. We successfully saved our client's driver's license and he received no jail time whatsoever. 

 

 
State of Georgia v. K.S. - Henry County State Court (McDonough, Georgia)

After being involved in a minor accident, our client was subsequently approached at her home by an officer of the Henry County Police Department.  Our client was severely sick, so, after she was involved in the accident, she complied fully with the requirements of the law and provided the other party involved with all the information required and then proceeded to her home which was less than a mile from the scene of the accident. 

After speaking with our client and having her submit to field sobriety tests, the officer charged our client with hit-and-run (leaving the scene of an accident), DUI, and improper backing.  However, the officer readily conceded that he observed an open container of an over-the-counter cold and flu medication and it was his open that the Prior to trial, we successfully negotiated a dismissal of our client’s DUI, hit-and-run, and improper back charge. 

  
 
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