Drunk Driving Cases
Attorney William C. Head

Case 15
State v. J.P.P.
City Court of Atlanta
Fulton County
Atlanta, GA

J.P.P. was arrested for speeding, lane violation, no proof of insurance, driving without a license and DUI. His test results for two breath tests were 0.137 and 0.126. The officer indicated (at pre-trial motions) that all field tests were performed improperly.

The case was called for trial, with pre-trial matters being heard just prior to jury selection. Due to a backlog of cases in this court, the trial date was over two years after the arrest date.

After hearing evidence at a pre-trial motion hearing. Mr. Head moved to discharge and acquit J.P.P. on all charges. The basis for the motion was that the arresting officer erroneously wrote the five traffic citations showing J.P.P.’s middle name as his surname (last name). This error occurred due to the officer calling dispatch for a "license check" once J.P.P. said that he had left his license at home.

The State requested a continuance until the next morning, so jurors were sent home. The State sought to amend the charges by filing a formal accusation to take the place of the five uniform traffic citations.

The Defense successfully opposed this late amendment attempt inasmuch as all misdemeanor offenses MUST be "accused" within two years. No such accusation against J.P.P. --- in the correct name --- had been filed by the State within two years.

After considering numerous cases and statutes supplied by the Defense, the trial court was compelled to dismiss, fully and totally, all charges, with no chance for the State to reinstate criminal charges.

J.P.P. was completely exonerated of the charges. J.P.P. had a prior DUI conviction, and faced significant punishment if he lost the case.

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