State of Georgia 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 a loss of his employment. This case involved what would 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