State of Georgia V. K.H.

Fulton County State Court

Our client was stopped for speeding on Georgia 400 in the City of Atlanta. When the officer approached our client’s car, he smelled marijuana, so he asked our client to step out of the car and perform some field sobriety tests. In addition to the standard battery of field sobriety tests, our client submitted to the “lack of convergence” test and the Rhomberg-balance test. The officer claimed that our client showed signs of being under the influence of marijuana in each of these tests. Our client was arrested for driving under the influence of marijuana and the officer requested that he submit to a urine and blood test, which our client consented to. Before this case was accused by the Fulton County Solicitor’s Office, our client’s blood sample was destroyed without being tested. Only the urine sample was tested. Ben Sessions successfully argued a motion to dismiss based upon a violation of our client’s right to a speedy trial. All charges against our client, including the DUI, were dismissed.