By Atlanta DUI Lawyer William C. Head
Client, an Atlanta attorney, rear-ended a Jaguar on the Interstate, as the two cars came off a ramp and tried to merge into traffic. No one in either car was injured, but Mr. Head’s client was at fault in the collision. Plus, he had been at dinner, and had several alcoholic beverages to drink with dinner.
The DUI accident case was first investigated by a female Atlanta police officer who gave some cursory field sobriety tests and made the determination that Client was intoxicated. She handcuffed him and radioed for a DUI task force officer. Ed Smith, a seasoned DUI Task Force officer, arrived minutes later. Smith was a DUI training officer and had a specially-equipped vehicle, which had video and audio recording equipment.
The video tape showed the client trying to perform several sobriety tests and failing all miserably. Even the alphabet test was more than he could handle. Arrested for DUI, Officer Smith read the implied consent notice for a blood test, because he suspected that more than alcohol may have been involved. The handcuffed Atlanta lawyer (who had prior drunk driving convictions) refused a blood test at Northside Hospital.
The Prosecutor later argued that refusal by the 3rd DUI offender was understandable since this was his 3rd DUI in GA in five (5) years. Because of his prior record, the State’s best offer for a plea of “guilty” was six months of jail time. This practicing attorney contacted Atlanta DUI lawyer William C. “Bubba” Head, and asked for a consultation. This case was very serious, due to the repeat DUI offender situation, and potential for loss of driver license for 5 years, plus substantial jail time. Although driving while impaired (DUI) is a part of “criminal defense” practice, the special forensic science knowledge and trial skills needed by your DUI lawyer in Atlanta significantly differs from the average Atlanta criminal defense attorney.
Pre-trial motions resulted in one pre-trial interlocutory appeal seeking to dismiss the case on a technicality. However, the appeal before trial didn’t cause dismissal of the case, other pre-trial motions focused the Fulton State Court judge’s attention to assertions about Client being in custody when the first officer cuffed him and placed him in the back seat resulted in the following: (1) Exclusion of Officer Smith’s entire video and audio tape; (2) Exclusion of any mention of field sobriety testing by Smith, the well-trained officer; (3) Exclusion of any mention the alleged “refusal” to submit to a blood test. No Miranda rights were read to the Georgia attorney.
The case took over three years of maneuvering and various pre-trial motions at the Fulton County State Court in downtown Atlanta. As a result of the elimination of almost all of the Government’s field sobriety test evidence, the 3rd DUI in GA charge was dismissed entirely. The “following too close” charge was “combined” into a new one-time charge of “reckless driving”.
Because Georgia laws do not call for suspension of a driver’s license on reckless driving conviction, no driver license suspension occurred. The Atlanta man’s fines totaled $1,150, but the Client did not serve any jail time at all, and had no community service to perform.
The elated lawyer credited Bubba Head with saving his legal career. No new DUI arrests have occurred with this lawyer, and Mr. Head will occasionally see him in Court. The former client has been in a position to send over a dozen additional clients facing a DUI in Atlanta to Mr. Head. If you are facing a DUI third offense, you need to call the best Atlanta DUI lawyer Bubba Head.
Call 41-year veteran Atlanta DUI attorney Bubba Head today and get honest answers to all your questions. Tell us everything that happened and everything you remember about your DUI arrest. The sooner you call us, the better chance we have to win your DUI case and get your charges reduced or dismissed.
Remember, you only have 30 DAYS to file a license suspension appeal or apply for an ignition interlock device, or your driver’s license will be suspended for up to one year! Talk to Bubba Head, Larry Kohn, or Cory Yager now. We are available 24 hours a day, weekends, and all major holidays. (404) 567-5515