Why do you need to hire a DUI specialist?
Posted by Ben Sessions | | DUI / DWI
Today, I had a client with a very difficult set of facts. She blew, she was under 21 she blew about six times like the limit, a little more than six times. Legal limit legal limit for under 21 driver is 0.02 and she blew around a 0.13 um, very difficult set of facts for sure. Um, but we were able to do some things in the case that really set the case up to get a great result for her. Ultimately today. And I want to talk to you a little bit about how it is that played out, why it played out that way because it really illustrates to you why it is that having a lawyer who understands the issues in the cases and who understands really dialed into paying attention in terms of the way that the law is changing right now. And there are dramatic changes in DUI wall that have occurred and will occur in the next couple of years.
That if you have a lawyer who’s really dialed into to the current state of the wall and where it is that the law’s going, you would have been able to leverage some things in this case and set it up for a really good resolution. But if you had a lawyer who’s not really paid attention to things, she never would’ve gotten this result. So, um, this is what happened. She’s arrested in a small jurisdiction or cases, put it into municipal court. Municipal court prosecutor rightfully says, based on the current state of the law, I’m sorry, I’m not giving you a reduction. She’s six times the legal limit. Who would reduce that case? You know, sort of laughs at me whenever I’m asking for a reduction on it. What she didn’t realize was that there was a case that was pending before the Georgia Supreme court, Elliot vs state, which would subsequently change whether or not the state could tell you whether or not a refusal of a breath test can be used against you at trial.
My client was told whenever she was arrested for DUI that a refusal to submit to the breath test would in fact be admissible against her. Um, and that was part of the information that she relied upon in making her decision as to whether or not to submit to the breath test. That made a huge difference and it’s what I did was I was in a medium capacity in a municipal court. I transfer the case from municipal court to state court. I had a very long delay in between that time period. In that time period, Elliot versus state was decided. So whenever I went in for a motion hearing today, I was able to talk to the prosecutor and say, look, um, here’s the deal. We had a breath test that was submitted to under the former implied consent advisement. She was told in properly that refusal could be used against her.
We believe that that will affect the admissibility of the breath test. He looked at it had, you’re probably right about this. Um, I’m going to agree to it and I’m going to reduce the case to reckless driving. She’s now over the age of 21. So she does not suffer a license suspension. She was able to resolve the case to a reckless driving without a DUL and a record without a license suspension. So, um, that was just because I knew what was now, if it didn’t go our way and didn’t go our way, but it wasn’t going to get any worse than it was in municipal court. But at the end of the day, we set the case up because we knew what the issues were that were coming down the pike and ultimately able to got a really good resolution for her. If you have any questions about your case, how it is that we might be able to help you, you feel free to call me. My name is Ben sessions. My phone number is (470) 225-7710 (470) 225-7710. Thank you.