Georgia Clayton County Under 21 .175 breath test
Practice Area: DUI / DWI
Outcome: Not Guilty after trial
Description: Defendant was 20 years old at the time of an auto accident. At 2 am, the police were dispatched to a closed restaurant where Defendant was observed bleeding from his head. Defendant admitted that he had been drinking and had been involved in an auto accident near the AMC theater on Mt. Zion Parkway.
He was arrested given a breath test and the results were.175 This was a really tough case. We decided to walk into court and plead guilty to possesion of alcohol by a minor under the conditional discharge section. Where, if Defendant can complete probation the charge will be dismissed. It is a special section for people under 21 to keep clean records. However, we still had to deal with the DUI.
I told the Judge that we would try the case to him as a bench trial. The arresting officer was a very flamboyant witness. She testified at great length and in great detail about things that were not mentioned anywhere in her report. My client supposedly: drank Grey Goose, refused field sobriety tests, was attended to by emergency personnel, charged at her, threatened her, and had the bumper to his car hanging off with trees and bushed embedded in the hood. Politely, I took this witness apart line by line.
There was a huge discrepency in her timeline about when and where my client was arrested. Further, I havbe never in any other case done this, but I tendered the police report as evidence during the trial, so that the judge could read it. The report was very detailed, but failed to corroborate the story she told. In addition, there was another police officer who witnessed the case.
Yet, she was not called as a witness. The State realized that there would be no way for her to tell the same wild story as her counterpart. The Judge waited a week and issued a ruling finding Defendant no guilty on two counts of DUI, failure to maintain lane, failure to report an accident. The judge suppressed the breath test and did not find the witness for the state to be very credible.
The young man is now 21 and had never been in trouble before this, if he keeps his nose clean, he will not have a criminal record after this case. I know that he understands how fortunate he is of the opportunity he received.