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State v. J.M. – Athens/Clarke County Municipal Court (Athens, Georgia)
Our client was under 21 years of age, and he faced charges of DUI - per se, DUI – less safe, possession of alcohol by a minor, and making an improper left turn.  Our client made an improper turn onto a one-way street.  After being stopped, our client was placed under arrest based on the suspicion of the Georgia State Patrolman’s suspicion that he was under the influence of alcohol.  Our client submitted to the state-administered breath test and registered a resulted in excess of 3 times the legal limit.

We filed motions to suppress the arrest of the defendant, the “search” of the defendant, and the breath test performed upon the defendant based upon the Trooper’s statements on the video and in his incident report that he suspected our client was under the influence of alcohol due to the strong odor of “gum.”  When we appeared on the trial date, the State, in the presence of the arresting officer, agreed to DISMISS the DUI charges and the improper left turn charge in exchange for a plea to possession of alcohol by a minor.  Because our client was 21 years old prior to the entry of the plea to possession of alcohol by a minor, he suffered no suspension of his license.
 

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