By Atlanta DUI Attorney Bubba Head
Bubba Head was hired by a divorced, working mother of three teen children. Client was stopped at a safety checkpoint (roadblock) in Johns Creek, GA. Because the Client’s breathalyzer test showed a BAC well over the legal limit [0.227 and 0.235], Mr. Head focused on challenging the legality of the Johns Creek police checkpoint. Other issues about the voluntariness of the implied consent tests and the propriety of the field sobriety test [HGN] were also filed, but the DUI checkpoint motion (if granted) would result in a total dismissal of the case.
The trial judge refused to rule that the DUI checkpoints established by the police officers at Johns Creek on July 3, 2011 and July 4, 2011 were illegal. Other Fulton State Court judges, who were asked to review the constitutionality of the DUI checkpoints on the July 4th holiday set up by Johns Creek police had thrown out other cases. So, Mr. Head advised Client to permit him to stipulate to a bench trial, based upon the evidence from the pre-trial motion hearing on the constitutional legality of the July 4, 2011 roadblock, top set up an appeal to the Georgia Court of Appeals. This is what was done to position the case for an appellate victory, since Mr. Head was convinced that the police checkpoint was illegally established.
On May 15, 2015, the Georgia Court of Appeals reversed the trial judge, and ruled that the State Court of Fulton County trial judge erred in her earlier ruling on the DUI roadblock, and that Atlanta criminal defense attorney Bubba Head was correct about the DUI checkpoint illegality. This ruling meant that the case was remanded back to the Fulton County State Court judge, and her previous ruling was vacated (withdrawn) and a new ruling was entered that totally acquitted Client.
In you have been stopped at a DUI checkpoint anywhere in Georgia, contact Bubba Head for a FREE consultation about your legal rights under Georgia DUI laws, and a review of the applicable sobriety checkpoint written guidelines and the implementation of the warrantless search made at your DUI checkpoint. Call Bubba Head at his Atlanta DUI law firm, 1-888-DUI-HEAD, or 1-888-384-4323.
Call 42-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