Our client was stopped based on a 911 call which reported that he was failing to maintain his lane and nearly striking several light posts.  The officer reported that our client was visibly swaying and unstable, that he could not keep his eyes open, that he seemed lethargic, his eyes were watery and glazed, and his pupils were very small and unresponsive to light.  The officer also stated that our client’s mouth was very dry and foaming.  In plain sight, the officer saw a prescription drug bottle in our client’s vehicle.  No field sobriety tests were performed upon our client.  Our client submitted to a blood test which produced positive for two drugs for which he was prescribed.

In reviewing the video of our client’s stop, Georgia DUI lawyer Ben Sessions developed several issues which would provide substantial hurdles for the State to overcome in establishing the admissibility of the blood test results in our client’s case.  The officer made no effort to accomodate our client’s request for an independent urine test, and the officer appeared to read the Implied Consent Notice at an inappropriate time.  Based on these issues and the lack of field sobriety evidence for which there was no justification, DUI lawyer Ben Sessions successfully negotiated a dismissal of our client’s DUI charge in exchange for a plea to reckless driving, which included no license suspension and no jail time.