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.