State of Georgia V. T.J. – Smyrna Municipal Court

Our client was charged with DUI less safe and failure to maintain lane. The basic facts of this case are familiar. Our client was observed by an officer to be weaving on the road. Our client submitted to the horizontal gaze nystagmus test (the eye test), the walk-and-turn test, and the one-leg stand test. Our client submitted to a modified alphabet test, and he also submitted to the preliminary breath test. After arrest, our client refused to submit to the state-administered test of his breath at the police station.

Like so many of our clients, when this client initially spoke with me about his case, he was scared and felt hopeless because the evidence against him seemed overwhelming. However, when we looked more closely at this case, it became clear that this case was much more defensible than our client (or anyone looking at an overview of the facts) might have thought. We negotiated a dismissal of our client’s DUI less charge in exchange for a plea to reckless driving. Our client did not suffer a license suspension or jail sentence.