State of Georgia V. M.H.

Fulton County State Court

Our client was stopped for speeding well in excess of the posted speed limit by a member of the Georgia State Patrol Nighthawks DUI Task Force. After identifying the client, the officer noticed she has bloodshot and watery eyes, and the officer also detected an odor of alcohol. Our client submitted to field sobriety tests, but she refused the state-administered breath test. After her refusal of the state-administered breath test, our client was charged with a DUI, and speeding.

This case transferred from the Atlanta Municipal Court to the Fulton County State Court. A DUI is a misdemeanor. Once our client was arrested for DUI, the prosecutor had two years to file charges with the Clerk of Court. We ultimately obtained a full dismissal of all charges pending against our client based upon the state’s failure to act within the statute of limitations.