State v. M.S. Fayette County State Court (Fayettevillle, Georgia) | Recent DUI Wins

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State v. M.S. Fayette County State Court (Fayettevillle, Georgia)

Our client faced charges of DUI - per se, DUI – less safe, and improper backing. Our client made an improper turn onto a one-way street. Our client submitted to the state-administered breath test and registered a resulted of .098 grams.

We argued a motion to suppress the arrest of the defendant, the “search” of the defendant, and the breath test performed upon the defendant based upon a lack of probable cause to arrest our client. The Court denied our motion to suppress, but during the course of the motions hearing, we were successful in revealing the defects of the inexperienced officer’s administration of standardized field sobriety tests upon our client. Particularly, we showed that the officer’s administration of the Horizontal Gaze Nystagmus Test clearly deviated from his training. At the trial the state agreed to reduce our client’s DUI charge to RECKLESS DRIVING.

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