STATE OF GEORGIA V. M.H.
Fulton County State Court
Our client was stopped for speeding well in excess of the posted speed limit by a member of the Georgia State Patrol Nighthawks DUI Task Force. After identifying the client, the officer noticed she has blood shot and watery eyes, and the officer also detected a odor of alcohol. Our client submitted to field sobriety tests, but she refused the state-administered breath test. After her refusal of the state-administered breath test our client was charged with a DUI, and speeding.
This case transferred from the Atlanta Municipal Court to the Fulton County State Court. A DUI is a misdemeanor. Once our client was arrested for DUI, the prosecutor had two years to file charges with the Clerk of Court. We ultimately obtained a full dismissal of all charges pending against our client based upon state’s failure to act within the statute of limitations.