State of Georgia V. T.T.

Gwinnett County State Court

Our client was arrested for DUI after he was stopped at a roadblock in Duluth, Georgia. The roadblock was maintained by a joint effort of the City of Duluth and Gwinnett County. Our client submitted to the horizontal gaze nystagmus which the officer said produced 6 or 6 possible clues. No other field sobriety tests were performed upon our client. Following his arrest, our client submitted to the state-administered breath test on the Intoxilyzer 5000. The lowest of his two breath samples was .080. The state originally recommended a substantial amount of jail time on a guilty plea to DUI because of several prior DUI convictions that our client had more than 20 years prior. At the motions hearing, Ben developed several good issues with regard to the illegality of the roadblock at which our client was stopped. Subsequent to the motions hearing, the state agreed to dismiss our client’s DUI charge in exchange for a guilty plea to reckless driving, which our client accepted.