Client Charged with 8th DUI in Athens Georgia – DUI, Hit and Run, Reckless Driving And More Charges – Hires Bubba Head to Take Over – DUI Dismissed
Facing a lengthy jail sentence for an eighth DUI in his lifetime, this man had been advised by his first Athens GA DUI attorney to take the deal offered by the Prosecutor, and serve 60 days in the Athens Detention Center. The man believed that most (if not all the charges) were not supported by the evidence, but the plea offer cut the total charges from 9 charges to three. But, a total loss of driving privileges for a year, 60 days in jail, and 36 months of probation did not appeal to him. So, he called Athens GA DUI lawyer Bubba Head for a second opinion on his pending case in Athens-Clarke County State Court.
Because the scheduled plea date was less than 2 weeks from happening, Mr. Head was required to listen to dozens of 911 calls, plus look at several hours of body camera footage from over 8 different police officers with Athens-Clarke County police department. The accident happened on the outer loop of the Athens Bypass going toward Lexington Road from the Timothy Road area. Traffic from the accident with a state roadway directional sign caused by a second vehicle was backed up for more than an hour.
These videos were instrumental in Athens GA criminal defense lawyer Bubba Head suggesting a different strategy to the Client. The charges — including DUI — could not be proven, by virtue of the specific facts of how the accident involving the second car started, and the fact that the second driver (who we believe fell asleep at the wheel after working all night) was in no way impacted by Mr. Head’s client driving too fast in an old, dilapidated vehicle that had lost a part of the hood assembly that hurdled through the air.
Many of the 911 callers that morning were simply wrong about their conclusions, which were made in a panic situation. Ultimately, the Client and the very distinctive and unique old car he had been driving were found at a residence address about a half hour later. The Client was required by officers to come outside the residence where police from the Athens Police Department started to ask him questions. Instead of remaining silent, he started to answer their questions, including questions about his prescription medications. These unbiased body cam videos, however, proved that he was not impaired, as he verbally jousted with the officer and indicated that their requests were humorous.
Once the first Athens attorney withdrew, and Mr. Head entered his appearance as the criminal defense attorney, a statutory speedy trial demand was filed at the calendar call three days later, and the Judge of State Court of Athens-Clarke County set the date for 2 weeks from that date. This put a great deal of pressure on the Prosecutor to get this case (with a massive witness list) ready for trial on short notice. It became apparent to Athens criminal lawyer Bubba Head that the Prosecutor had not meticulously watched the 8+ hours of video footage, to get the same “picture” that Mr. Head had gotten.
The simple fact to it was that one of the Athens GA police officers who arrived long after the first responders, had convinced the other officers, merely by hearing radio chatter from 911 calls and dispatch communications, and did not have any true idea what happened on the Bypass in Athens, GA. By watching his full camera footage, and the earlier footage of the man in the other wrecked car, it was apparent that this was pure speculation and conjecture. Mr. Head was simply going to play this misguided Athens-Clarke police officer’s body cam video for the jury, and cross-examine him into admitting that all of his guesswork was not backed up by a shred of REAL evidence.
Ultimately, the Client was allowed to plead guilty to reckless driving and for not attaching the loose auto part securely. The case was resolved with no DUI, no hit and run, no jail time, no loss of license and all but two charges dismissed. A fine was paid and the Client was able to go back to his job, which required him to be able to drive. So, the client went from being close to pleading guilty based on the first attorney in Athens GA failing to find the truth in the case, by thoroughly examining every item of evidence, to walking away, fairly unscathed, after dodging a DUI eighth offense in this Athens DUI accident case.
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