Here are just a few stories of the many individuals we have helped.
(Note: names have been changed so as to allow them to remain anonymous.)
DUI
SM was a well-known DJ, doing large parties and clubs. On his way home from a show in Athens he was stopped in Gwinnett County on I-85 by a Norcross PD Officer. The officer smelled alcohol and arrested him for DUI. He refused to provide a blood sample and the officer seized his license (suspending it for 1 year without a work permit). To make matters worse, after a few months, SM got another DUI arrest in another county. We were able to get the second DUI reduced to a Reckless Driving with a $50 fine (and no probation). Then, based on Zilke v. State, 299 Ga. 232 (2016), we were able to show the Norcross PD Officer did not have jurisdiction to stop SM, much less conduct field sobriety tests on him. The Gwinnett DUI was dismissed as well.
DUI
DUI
When SH was 25, she was convicted of a DUI. Now, eight years later, she was charged with her second DUI. She was coming from a show in Atlanta and was stopped for a having a headlight out. The officer smelled alcohol and SH did all the field sobriety tests. After being arrested for DUI, she agreed to provide a breathalyzer test -- she blew almost twice the legal limit. After reviewing the video we saw that the officer who stopped SH kept on the roadside for 20 minutes while they waited for a "more experienced field sobriety officer" to conduct the tests. We filed a motion to suppress for "illegal prolongation" of the stop. SH was able to win her case and avoid a DUI conviction.
DUI
AS was stopped by police as she drove home from a bar in downtown Gainesville. The officer smelled alcohol and put AS through the standardized field sobriety tests. The officer claimed AS failed the tests and charged her with DUI. AS refused to provide a blood sample and the officer suspended her driver's license. We filed an appeal to win back AS's license and won. Then, we saw on the body camera video that the officer had not conducted the HGN test (the eye test) properly based on the holding of Walsh v. State, 303 Ga. 276 (2018) (where a defendant's glasses are left on while performing the HGN test, the results are invalid and subject to suppression).The State reluctanly agreed and AS won her DUI case.
DUI
SM was arrested for a DUI. Then, some months later (while the first DUI was pending) he was arrested for another DUI. Things did not look good, he was facing a possible 18 month license suspension and 30 days in jail. We noticed on body camera videos that SM had refused to take the blood test and also refused to take the field sobriety tests. After some convincing, the prosecutor agreed to allow SM to pay a $500, the DUI was dismissed.
DUI
MD had come to the United States as a 5-year old. Unable to become a citizen, he was fortunately able to get asylum under DACA (the so-called "Dream Act"). One night he was driving home from work and had an accident on I-985. Police arrived and questioned MD (claiming they could smell alcohol). MD admitted to drinking albeit many hours before and the police charged him with DUI. Under DACA, a DUI conviction is catastrophic -- it would mean MD's deportation. MD called us and we went to work on his defense. We argued that the police did not have probable cause to arrest MD; the Government argued the opposite. We filed motions to suppress with the court. After negotiations, the Government finally agreed with us and MD's charges were dismissed. MD was able to stay in the United States with his family.
DUI
AS worked as a pedicaric physician. Her entire life dedicated to helping children who had been horribly injured. She had never gotten so much as a speeding ticket. One night she was stopped for an out of date sticker on her license plate. Instead of merely writing her a ticket, the officer launched into a DUI investigation, claiming he could smell alcohol on her breath. Despite AS's polite pleas, the Officer decided to arrest her for DUI and she was taken to jail. That's when AS called us. After we secured the police officer's body camera, we noticed that the officer had misstated the implied consent warning -- the DUI was dismissed.
TB was stopped by a roadblock. He hadn't even committed any traffic violations, but the officer at the roadblock claimed he could smell alcohol. So TB was told to pull over. The officer conducted an HGN test (the "follow the tip of my finger" test) and claimed that TB failed. TB was charged with DUI and taken to jail. TB's job and livelihood were on the line.
We attacked the HGN test and showed the test was not performed properly. TB's DUI was dismissed.
DUI
JM was a cadet and senior at UNG. He'd never been in trouble before. One night he volunteered to be the designated driver and collected some friends from a local party. They were pulled over because police said their car was weaving. JM did the tests and thought he did well. Despite this fact, JM found himself arrested and charged with a DUI.
We got the case when JM's father called us for help. We secured the video which showed that JM had done the field sobriety tests nearly perfectly. We were able to use this to convince the prosecution to dismiss JM's DUI. JM was able to go back to school.
DUI
SH had been in the US for nearly 20 years, she was married to a US Citizen. However, SH had never completed the citizenship application process, so she had no legal status. One day on her way home from work her car was hit from behind by another driver. When police arrived they said they could smell alcohol and she was asked to do field sobriety tests. Despite the fact that she told the officer that she had had multiple knee replacements, he made her to the tests anyway. Not surprisingly, she performed poorly and was arrested for a DUI. If she were convicted of the DUI she would be deported and lose all that she had built for the last 20 years. We got the evidence and showed that, owing to her injuries, she shouldn't have been made to do the field tests. The DUI was dismissed. SH was able to complete her citizenship application and stay in the United States.
Vehicular Homicide – DUI
JA was barely 20 years old when I met him in the jail. He had been in a serious car accident that killed one person and severely injured another. Police said JA's car had come across the center line and struck the oncoming car head-on. Police found alcohol in JA's car and tested his blood – finding he was well over the legal limit for alcohol at the time of the crash.
Through our investigation, we learned that JA suffered from a rare genetic condition that caused serious mental and physical problems with motor skills and long-term memory. After securing an expert, we filed a motion contending that JA was incompetent to stand trial. After several competency hearings and a competency trial the Court agreed with us. JA was found incompetent to stand trial and was permitted to return home.