State of Georgia V. T.M.

Baldwin County State Court (City of Milledgeville) 

Our client was charged with DUI and underage possession of alcohol in Milledgeville, Georgia. He submitted to field sobriety tests and he refused the state-administered breath test. We navigated through the administrative license suspension case without our client suffering a 12-month driver’s license suspension, and we ultimately obtained a full dismissal of the DUI charge. Our client entered a conditional discharge plea to his underage possession of alcohol charge. There was no question that our client was impaired, but there was no evidence to show that our client ever drove his vehicle while he was impaired. Showing movement of the vehicle while in a statement of impairment is the State’s burden in every DUI case in Georgia. We say it all the time in closing arguments to jurors: the elements of the charge do matter.