Drunk Driving Cases
Attorney William C. Head

Case 2
State v. K.J.
Gwinnett State Court
Lawrenceville, Georgia

Defendant was originally charged with two counts of DUI (less safe and per se) and driving left of center line. The arresting officer obtained a breath test of 0.17% and two field tests (Alco-sensor and HGN). One officer made the stop, but called in a DUI Task Force officer to complete the arrest. The task force officer testified to the usual manifestations, and stated that Defendant had not been asked to do the one-leg stand and walk and turn field sobriety tests due to "safety" concerns.

By way of pre-trial motions, the test result was excluded due to defective implied consent advisements. This eliminated the per se DUI count. The State's proposed use of a prior similar transaction was withdrawn on the eve of trial when the officer in the previous case could not be located. Despite the task force officer testifying that Defendant had admitted "having several beers and 3 kamikazes", and allegedly making the following unsolicited, spontaneous statement: "The kamikazes was what done me in," the jury acquitted Defendant after deliberating 21 minutes. The underlying charge of driving left of center was eliminated at the conclusion of the State's case by motion for directed verdict of acquittal.

The Defendant had been told by three different attorneys that his best bet was to plead guilty at Recorder's Court and do his jail time at a halfway house. He was told by each of them that he had "no chance" to win a second offense DUI case in Gwinnett County State Court.

You can read other cases by clicking below

Get a Free Evaluation of your drunk driving case NOW

Email Webmaster | Disclaimer | Headlines Marketing  | Site Map