Our Results
DEKALB COUNTY REFUSAL FAILURE TO YIELD
State v. A.J.
Defendant struck parked patrol car while officer was directing traffic. Officer smelled strong odor of alcohol and defendant
admitted to drinking several beers.
CITY OF AUSTELL - .099 BREATH TEST - STRIKING FIXED OBJECT
State v. K.S.
Defendant was stopped by Austell Police for striking fixed object. After performing field sobriety evaluations, defendant was taken into custody and read implied consent warning. During an inventory search of the vehicle, the officer discovered a bottle of open Sky Vodka. Defendant blew a .099 on the Intoxilyzer 5000. City of Austell Municipal Court dismissed the DUI in exchange for a guilty plea to reckless driving.
Our Results - Page 8
DEKALB COUNTY - REFUSAL - DISORDERLY CONDUCT AT MCDONALDS
State v. A.M.
Defendant was engaged in shouting match with drive thru worker at McDonalds. The McDonalds employee called the police. As defendant was exiting the parking lot and pulling out onto Peachtree Road, the police officer spotted his vehicle and initiated a traffic stop. Defendant performed poorly on field sobriety evaluations and was taken into custody for DUI. Defendant refused breath test. During the motion to suppress hearing, the judge agreed with the defense that the officer had no right to initiate a traffic stop since the altercation at McDonald's had already ended and case was dismissed. The State appealed and the Court of Appeals reversed the trial judge and reinstated the DUI charge. Prior to trial, the State fearing they would lose at trial, agreed to let defendant enter a no contest plea to reckless driving.
COBB COUNTY - .149 BREATH TEST - ROADBLOCK
State v. T.W.
Defendant was stopped at a roadblock. Defendant refused to perform field sobriety evaluations. Officer claimed to smell a strong odor of alcohol and the defendant was very unsteady on his feet. The defendant was taken into custody for DUI and consented to a breath test where he blew a .149. The State was unable to lay a foundation for the roadblock and the charges were dismissed.
CLAYTON COUNTY - REFUSAL - FAILURE TO MAINTAIN LANE
State v. N.H.
Defendant was stopped for failure to maintain lane. Defendant refused all of the field sobriety evaluations and refused the breath test. Defendant made no incriminating statements to the officer and the State was left to proceed on an odor of alcohol and bloodshot eyes. Prior to trial, the State agreed to dismiss the DUI and defendant pled no contest to reckless driving.
COBB COUNTY - REFUSAL - SPEEDING
State v. J.M.
Defendant was stopped for driving 85 in a 45 mph zone. Defendant performed the field sobriety evaluations poorly and was taken into custody for DUI. Defendant started yelling at the officer and telling him that he would see him in court and would beat this at trial. After a five hour cross-examination at trial, the jury found the arresting officer to have zero credibility and acquitted the defendant of all charges.
