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Successful Georgia DUI Case Examples from Our Attorneys' Closed Files
Lee Webb is a highly experienced Georgia DUI attorney with many success stories of assisting clients accused of DUI. When you are arrested or detained on suspicion of DUI, you need the best attorney with the most experience to ensure that you walk away from your mistake with the fewest consequences. Can you afford anything less?
In the sample cases below, the attorneys at The Lee Webb Law Office show you how cases that could have gone very badly for the defendants were successfully defended.
Case 23
State v. C.M.
Gainesville Municipal Court
Gainesville, Georgia
C.M., had dinner and drinks with her supervisor and his wife. Afterwards, C.M. was pulled over for weaving and was asked if she had been drinking. After replying that she had drinks with dinner, two field sobriety tests were requested: the walk-and-turn and the one-leg stand. There was no visible line to follow and no demonstration was given by the officer as required by field sobriety training.
C.M. was placed under arrest for DUI, but was refused a phone call. The officer improperly read the implied consent warnings, and asked C.M. if she would take a blood test. C.M. replied, “Not at this time” and again requested a phone call. The officer still refused and threatened her with loss of her license for one year if she refused the blood test. She relented.
At the hospital she was asked to sign a consent form. She needed her glasses, but the officer would not retrieve them. He said her signature was unnecessary because she verbally gave consent at the arrest site.
C.M. was given the blood test and taken to jail. She was given no results at that time because the blood is only drawn at the hospital, not analyzed there.
With a defective phone and no phonebook, phone calls were difficult. Her one successful call was to The Lee Webb Law Office.
The State's prosecution decided to go to trial, despite blood test results of 0.08% with a legal limit of 0.10%. The arresting officer testified that C.M. made a wide turn and changed lanes without signaling. The officer also testified that “no other driver's safety was compromised by C.M.'s driving conduct that evening.”
A recent case from the Georgia Court of Appeals was cited by The Lee Webb Law Office as authority for the judge to acquit C.M. for this offense. The lawyers at The Lee Webb Law Office proved at trial that C.M. was given an inaccurate and insufficient implied consent warning and that it was coercive. It was also proved that the officer failed to conduct the field sobriety tests in the standardized and approved manner. ‘The Gladiator' proved that C.M., a woman in her 50s, was wearing a long skirt and heels, making physical dexterity tests more difficult.
After all evidence was heard, the judge found C.M. not guilty of all charges.
Case 19
State v. P.M.
Dekalb County State Court
Decatur, Georgia
P.M. went to a co-worker's going-away party. P.M., who weighed approximately 220 pounds, estimated he had around three glasses of beer per hour over about a five-hour period. At approximately 10:30 p.m., P.M. went to another bar where he consumed about three beers. On his way home, P.M. changed lanes abruptly to avoid another car and was pulled over. The officer asked how much P.M. had been drinking, to which P.M. replied, “Not too much.”
P.M. asked numerous questions regarding the Breathalyzer test that the officer requested and about the other field sobriety tests. P.M. asked the officer what would happen if he refused the field sobriety examinations, and the officer said “nothing,” which is not true. P.M. opted to not take any breath tests, but requested an independent blood test. The officer coerced P.M. to take the field tests.
When P.M. asked about the Breathalyzer's readings, the officer said that there was a positive and a negative reading, not numerical; and that if it were negative it meant he was below the legal limit. The officer also claimed that the hand-held roadside Breathalyzer results could not be used in court, which is a half-truth.
During the administration of the blood test, P.M. asked the nurse if he could have a second sample, but he was refused. The blood alcohol content of the police officer's blood sample (analyzed later by the Georgia Bureau of Investigation) was .13%.
The officer did not read P.M. his rights, and when P.M. asked to make a telephone call, the officer said “no,” he could not make a call from jail. Upon reaching the station, P.M. was held for 12 hours before being booked or being permitted to make a call.
P.M. contacted The Lee Webb Law Office for representation. At a pre-trial motion hearing, the attorneys at The Lee Webb Law Office proved that the officer lacked probable cause to arrest P.M. for DUI. No field sobriety tests supported arrest, nor were there any significant manifestations of P.M. being intoxicated. P.M. merely had the smell of alcohol on his breath, and adults are permitted to drive after drinking so long as they are not impaired.
P.M.'s DUI charge was dismissed entirely, and he entered a guilty plea to speeding. His fine was $250.
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