STATE OF GEORGIA V. W.S.
Fulton County State Court
Our client was stopped at a roadblock initiated by the Atlanta Police Department. After an Atlanta Police Department officer smelled alcohol on our client, the Georgia State Patrol was called to perform an investigation. According to the arresting officer, our client showed 6 of 6 clues on the HGN test, 2 of 8 clues on the walk-and-turn test, and 0 of 4 clues on the one-leg stand test. Our client submitted to the state-administered breath test, which produced a result of .138. Our motion to suppress all evidence in this case was granted and our client’s DUI charge was fully dismissed.
In Fulton County State Court, it is very difficult to obtain a reduction or dismissal of a DUI charge prior to a contested hearing. For many clients, the stress of a contested hearing seems like just too much to tolerate. However, this case illustrates the importance of (1) filing motions to suppress in your DUI case and (2) being prepared to go forward in challenging the admissibility of the state’s evidence.
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