STATE OF GEORGIA V. Y.K.
City of Clayton Municipal Court
Our client was charged with speeding, failure to maintain lane, possession of an open container of alcohol while driving, and DUI Less – Alcohol. Our client was attempting to travel from Cherokee, North Carolina to Atlanta, Georgia, when he was stopped. Following his stop, our client submitted to the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. Our client showed 4 of 6 clues on the HGN test, 5 of 8 clues on the walk-and-turn test, and 3 of 4 clues on the one-leg stand test, and he submitted to a preliminary breath test that was positive for the presence of alcohol. Our client was arrested for DUI, and he refused testing pursuant to the Implied Consent Notice.
We had several very favorable issues to present to the State in negotiations, not the least of which was language barrier between our client and the arresting officer. Based on the problems presented, the State agreed to amend our client's DUI charge to reckless driving.