Drunk Driving Cases
Attorney William C. Head

Case 9
State v. K.H.
Clayton County State Court

Defendant was observed weaving on I-75 South. The DUI Task Force officer pulled him over at a shopping center off Tara Boulevard, 1/2 mile later. Virtually the entire pursuit and stop were videotaped.

Defendant denied consuming any alcohol initially, and again denied drinking, when the officer later tried to ask how many drinks he had consumed. NHTSA standardized field tests were given, and the officer evaluated the Defendant's performance as unsatisfactory on all three tests.

A subsequent breath test revealed a 0.16 BAC level. However, the Intoximeter 3000 test result was excluded at pre-trial motions under O.C.G.A. § 40-6-392(a)(1)(A).

The officer opined that the surface upon which the field tests were given was "level". The defense introduced expert testimony that the slope of the parking lot was nearly twice the permitted grade of state highways. The trial judge, without any request from defense counsel or the prosecutor, ordered a van from the Sheriff's Department to take the parties and jurors to the location for a view of the slope.

Defendant was found not guilty of DUI, and guilty of lane violation (which was clearly shown on the video tape). The jury deliberated for 24 minutes.

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