State v. R.D.
DUI charge reduced to reckless driving in Clayton County State Court
Our client was charged with DUI less safe, DUI per se (having a blood alcohol concentration greater than .08 grams), and possession of an open container of alcohol while operating a motor vehicle. This case was pending in the Clayton County State Court, which is widely recognized to be a very difficult jurisdiction to obtain a reduction or dismissal of a DUI charge. After literally months of arguing and appearing for court appearances where the State refused to discuss a resolution short of a DUI conviction, we appeared for a jury trial and our client’s DUI charges were dismissed and he entered a plea to reckless driving. This disposition was critical for our client because he would have faced loss of his employment. This case involved what would be appear to be very difficult facts, but the State’s evidence lacked some critical evidence on an essential element of the charge – movement of the vehicle while our client was intoxicated.
Practice area(s): DUI / DWI
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