State of Georgia V. T.P.

Gwinnett County State Court

Our client was in a very bad single-car accident which resulted in her car flipping at least twice and ultimately coming to rest on its side. Our client was text messaging at the time that this accident occurred. When officers arrived, they spoke with our client and smelled an odor of alcohol. They spoke with her about how the accident occurred and had her submit to a preliminary breath test. The preliminary breath test produced a positive result for the presence of alcohol. She was then placed under arrest for DUI and read the Georgia Implied Consent Notice. Our client submitted to the state-administered test of her breath which produced a result of .134 grams.

Ben Sessions successfully negotiated a dismissal of our client’s DUI charge in exchange for a guilty plea to reckless driving. Our client avoided a license suspension, jail time, and a DUI conviction on her record. We used the video recording of the investigation to demonstrate to the prosecutor that insufficient evidence existed to place our client under arrest for DUI.