Drunk Driving Cases
Attorney William C. Head

Case 16
State v. S. L.
City Court of Atlanta
Fulton County
Atlanta, Georgia

Defendant, a nineteen year old Georgia Tech student, was stopped by an Atlanta DUI Task Force Officer for speeding (56 in a 35 mph zone). The smell of alcohol led the officer to ask about consumption of alcohol, to which Defendant answered in the affirmative. The officer indicated that the Defendant failed all three standardized field tests, and refused to submit to an Alco-sensor test, whereupon he was arrested. The officer's subsequent request for a breath test on the Intoxilyzer 5000 was also declined. All significant pre-trial motions were denied.

At the two day trial, the Defendant testified that he knew that breath testing was optional, and stated that he declined because he was worried about being accused of "underage possession" of alcohol. He stated that he had taken a sip of a Goldslauger "shot" belonging to a friend, plus drank one "B-52".

Using another fact witness to corroborate the fact that Defendant drank very little and was the first among his group to leave the bar, the moderate amount of drinking was established. An expert witness gave testimony that even if the drinks consumed amounted to the equivalent of four drinks, Defendant's blood alcohol level would have been .05 or less, based on his body weight.

A nolo contendere plea was entered to speeding prior to trial. The jury considered only the issue of "less safe" DUI (alcohol). After seventy minutes of deliberation, a not guilty verdict was returned on August 21, 1998.

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