.23 DUI Reduced to Reckless Driving in the middle of trial - Fulton County State Court - State v. R.C.
After more than 4 years of litigation (including denial of a motion to dismiss on constitutional speedy trial grounds), our client chose to proceed to trial on a .23 DUI breath test case - allegedly more than 2.5 times the legal limit. Our client had 2 prior DUI convictions within the last 10 years, so this case was particularly risky. In the middle of her trial, we successfully argued for and obtained the exclusion of her breath test based upon a foundational objection. The State then offered a dismissal of her DUI in exchange for a nolo plea to reckless driving with no jail and no fine.
Practice area(s): DUI / DWI