A 28-year-old, male client (CDL holder) was cited with DUI (less safe), Open Container and Expired registration, after being found asleep in his vehicle that was partially blocking the roadway.  According to the officer, my client could barely stand up and used the car to hold himself up. When asked whether he consumed any alcoholic beverage, my client responded, “You already know that, so why ask.”  No breathalyzer, and no field sobriety tests were conducted.  At court, the DUI was amended to Failure to Exercise Due Care, the expired registration was dismissed, and the open container was amended to a city ordinance.  No probation.  Case closed upon payment of fine.

Client, a retired veteran, was on his way to get his lawn mower tire to get fixed when he was pulled over for not wearing a seatbelt. The officer conducted the stop and the stop turned into a DUI investigation. The officer claimed he could smell the odor of an alcoholic beverage.  Client was subjected to field sobriety testing. Client was placed under arrest and read implied consent. Client refused to submit to blood or breath testing and was taken to the station to be booked and charged. Motions were filed based on the alleged seatbelt violation. Based on the motions, the prosecutor agreed to dismiss the entire case against the client.

A 59-year-old client (Spanish-speaking) made a left turn, upon noticing an officer driving behind him.  Due to the poor condition of the road, the client activated his high-beams and continued to drive.  Officer pulled him over for Failure to Dim Headlights. Officer, who did not speak Spanish, proceeded to question my client and to conduct field sobriety tests.  Client refused to submit to a blood test, and was cited with DUI, Exercise Due Care and Failure to Dim Headlights. Upon negotiations, the prosecutor agreed to dismiss the Exercise Due Care and Failure to Dim Headlights.  The DUI was amended to a Reckless Driving.  The client entered a Nolo plea (no points) to the reckless driving and was fined.  Upon payment of fine, the case was closed out without probation, community service, risk reduction course, or drug and alcohol evaluations.

51-year-old client was questioned by an officer following an auto accident with another vehicle.  The other driver was deemed to be at fault, however, the client was questioned by the officer due to knowledge of client’s drug history.  The officer claimed that he smelled “something sweet/meth”  on client’s person, and did a search of the car.  No drugs were found.  Client was arrested and charged with a single count of DUI less safe.  He submitted to a blood test that came back positive for methamphetamine, among other drugs.  Considering that the client was not responsible for the auto accident and that drugs in one’s system does not equate to an impaired/less safe driver per se, the prosecutor agreed that the client should not have been arrested and dismissed the charge.

39 year old client was pulled over for a brake light violation and no insurance.  Unbeknownst to the client, his insurance had lapsed. Officer claimed that he smelled an odor of alcohol coming from the client.  Client denied consuming any alcohol that day.  He submitted to field sobriety testing but refused to submit a blood sample and breathalyzer.  Despite two prior DUI convictions, the State agreed to amend the DUI to a reckless driving, and to amend the insurance violation to a non-reportable defective equipment.   Client gets to keep his license.

My 21-year-old client was stopped by an officer on a tint violation and obscured tag frame.  At some point, the officer claimed that he smelled marijuana and stated that the smell amounted to sufficient probable cause to search.  A small amount of marijuana was found during the search.  The client was arrested and charged with a windshield tint violation, obscuring tag frame and Poss of marijuana.  Following a brief discussion with the prosecutor as to the questionable search, and the lack of testing results, an offer of dismissal of all charges (marijuana dismissed upon payment of court costs) was made and accepted by the client.

Nineteen-year-old, male Client was approached by campus police and was told that someone reported a strong odor of marijuana coming from his vehicle.  Client consented to a search of his vehicle where less than 1 ounce of marijuana was found.  Lab testing was not conducted on the substance.  Following negotiations with the solicitor, it was agreed that a dismissal would be best.

Our client was charged with driving without a license. She was going through the immigration process and needed transportation for work, like the rest of us. Unfortunately, this led to her getting a ticket, which was frustrating since she had already been waiting through the slow immigration process to get her drivers license. In negotiating with the state, we helped them empathize with the client’s circumstances and  agree to continue the case to give her enough time to get her license. This was successful, as we worked with the client to make sure she obtained her license before the next court date. When we showed up with her newly issued Georgia drivers license, the state agreed to dismiss the case. The client was thrilled that she no longer had this hanging over her head as something that could interfere with the already complicated immigration process.

Notes: 57 year old, male client was stopped for speeding 69/55 mph zone.  Officer claimed to have smelled alcohol coming from client’s breath and informed him that he swerved out of his lane at open point. Client admitted to consuming a few shots less than one hour prior to the stop.  Field sobriety tests were curtailed due to Client’s “bad back”.  He was cited with DUI (less safe), Speeding 69/55, Failure to Maintain Lane and Driver to Exercise Due Care.  Following negotiations, the solicitor agreed to amend the DUI to a Reckless driving (he keeps his license) and a fine on the speeding; all other charges were dismissed.  No probation, no community service, no Risk reduction classes, no random drug screening and testing.

Our client with a Florida license was driving from a funeral back to a local hotel in the area, when he was stopped.  The officer claimed that the client failed to “maintain his lane” and conducted a traffic stop. Eventually, he was asked how much he had to drink. The client admitted 2-3 drinks.  A Field sobriety test was conducted which showed my client refusing to continue the battery of tests out of frustration.  The client refused the blood test and was charged with DUI, Open Container  and Failure to Maintain Lane.  Outcome:  DUI was reduced to reckless driving upon payment of a fine.  The other two violations were dismissed. No probation, no community service, no Risk Reduction course.

Client was traveling east on GA. 32 and was attempting to make a left turn into a private drive, when suddenly a motorist slammed into the rear of client’s vehicle.  EMS and police appeared a few minutes later.  The officer cited the other driver for Following Too Closely.  Upon speaking with the client, the officer claimed that she appeared intoxicated and was asked whether she consumed any alcohol recently.  The client admitted to drinking two beers several hours earlier.  When asked to submit to a breathalyzer, the client refused.  She also refused to submit to Field Sobriety tests.  Client was arrested and cited with DUI-Refusal.  Following negotiations with the solicitor, the DUI was amended to a non-reportable Too Fast For Conditions with a $500 fine.

Our client was charged with CMV parts violation and Public Drunkenness. He was licensed in Florida with a CDL, which he needed to perform his job. No evidence was provided by the State regarding Public Drunkenness, so I asked the prosecutor to dismiss that charge. The prosecutor agreed. I then discussed the CMV parts violation, which our client acted proactively to repair before the police officer even arrived. I showed the prosecutor the repair receipt with timestamps to compare to the citation, confirming our client’s assertion that he got the car fixed immediately, before law enforcement arrived at the scene. I asked for a dismissal of that charge on that basis, and the prosecutor agreed. Instead of receiving 3 points on his license and possibly losing his job as a commercial driver, our client had no consequences whatsoever because all charges were dismissed (rightfully so).”