STATE OF GEORGIA V. W.C.
Gwinnett County State Court
This case was in which many lawyers thought was not winnable. The case included a very high breath test result — .187. During the case, we lost an appeal to the Georgia Court of Appeals and the Georgia Supreme Court. Nonetheless, we continued on, and ultimately, we won a motion to exclude the breath test results from the trial of the case. The State dismissed our client's DUI, and we entered a plea to reckless driving. Our client had a New Jersey driver's license at the time of his arrest and would have suffered a 7-month driver's license suspension if he had been convicted.
This case was won as a result of our client's willingness to fight on despite facing another hurdle at every significant court hearing. Quite often, prospective clients think that a case is not “winnable” and, therefore, refuse to hire us. This case illustrates that the only type of case is truly not “winnable” is the case that is not challenged.