Fulton County State Court
Our client was stopped for failing to maintain his lane by the Alpharetta Police Department. According to the arresting officer, our client showed 6 of 6 clues on the HGN test, 5 of 8 clues on the walk-and-turn test, and prior to the administration of the one-leg stand test, he said “I can’t do that even when I’m sober, seriously.” Our client submitted to the state-administered breath test, which produced a result of .149 and .141. I thought that we had a great opportunity to have our motion to exclude the State’s breath granted based upon an issue related to the failure to accommodate the Defendant’s request for an independent urine test and the failure to allow the Defendant an opportunity to choose who would perform an independent breath test. However, our motions were denied. Nonetheless, we prepared the case for trial in an effort to preserve the motions issues for a possible appeal. When we appeared for trial, the State agreed to dismiss the Defendant’s DUI charge in exchange for a plea to reckless driving.
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