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That sinking feeling about an appeal that could’ve been avoided…

There are times when I leave a motion hearing and realize I could have presented a better case for the granting of the Defendant’s motion to suppress. Usually, that sinking feeling occurs because I thought that a judge would be more aligned with my position than they turned out to be. Sometimes, it occurs as a result of just being exhausted.

A month or so ago, I had a motion hearing involving an issue that I thought was very clear. I had also picked a jury the day before for a case that was going to trial later in the week. So, I was a little distracted. I felt good about our prospects at the motion hearing; however, I just did not have the time to prepare for the hearing as I would like. That being said, I had an administrative license suspension hearing in the case and won the appeal on the issue that would be litigated at the hearing.

So, I showed up on a case that had a clear issue in it. The arresting officer thought that he had no obligation to travel outside of the county to provide my client with his requested independent test. Georgia law is clear that, after being arrested for a DUI in Georgia, a defendant has a right to an independent test after submitting to the requested state-administered blood, breath, or urine test.

Blog Post Provided By:

The Sessions Law Firm
3155 Roswell Rd., Ste. 220
Phone: 470-225-7710

About the Author

Ben Sessions, Attorney at Sessions Law Group
Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.


Hiring a lawyer is about more than getting a great result in your case. We understand that for many of our clients, the event that led them to call us causes them tremendous stress and anxiety. We will help you understand the process and how we can help. When you hire The Sessions Law Firm for your case, you will have a lawyer that is willing to take the time to help you and committed to delivering the best results possible.