Drunk Driving Cases
Attorney William C. Head

Case 17
State v. B. F.
State Court of Fulton County
Fulton County
Atlanta, Georgia

Defendant had recently moved to Georgia from Virginia. On the day before Valentine's Day 1998, he arranged for his girlfriend of two years to fly down from Washington, D.C. to meet him for a romantic weekend. Her 9:00 p.m. flight was delayed until 10:15 p.m. He met her at the gate.

The couple went to a restaurant-bar, where he had two drinks (one wine and one gin & tonic) and she had one glass of wine. Leaving to go to Defendant's apartment at about 12:45 a.m., he stopped for the red light at the intersection of Mt. Vernon and Peachtree-Dunwoody Road. While waiting on the light to change, the Defendant and his passenger were "all over each other" at the light. They had not seen each other for six weeks.

Defendant proceeded forward, thinking that the light had turned green. In fact, only the green left turn arrow came on, and he did not have the right-of-way. A head-on collision resulted, as another car attempted a left turn. Both cars were totaled.

An independent witness stopped and gave the police a detail account of what occurred. At trial, after sitting with the "victim" all day, his story became even more uncomplimentary of Defendant's driving. Unfortunately for the State, the original version was recorded in the police report by the arresting officer. The police officer, while stating that he was of the opinion that B. F. was drunk, was instrumental in helping the defense refute the independent witness’ "new" version of the accident.

Due to an error in the implied consent advisements, no "refusal" evidence was allowed into evidence. Defendant did not testify, but the girlfriend did. Furthermore, an expert witness established that Defendant's maximum blood alcohol level would have been around .035, with the small amount consumed and his 175 lb. body weight.

The trial lasted for two full days. The jury deliberated for six minutes before acquitting Defendant of DUI on August 19, 1998. He was convicted of the red light violation and fined $200.00.

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