Drunk Driving Cases
Attorney William C. Head

Case 14
State v. E.Y.
State Court of Cobb County
Marietta, GA

Defendant E.Y. was temporarily assigned to work in the Metro Atlanta area. He was from Mississippi.

While in his company vehicle, he and a co-worker were cruising around at 3:30 A.M., trying to find an open bar. As they proceeded up Cobb Parkway, Sgt. Rokovitz noticed the GMC Yukon not stop completely behind the "balk line" (the painted white line demarking an intersection at a traffic light). Rokovitz then turned on his video camera to record E.Y.’s driving conduct.

First, E.Y. attempted to go to a nude bar which had just closed. E.Y. then pulled out of the center turn lane and moved back into traffic. Rokovitz followed.

After another 1.3 miles of following the GMC Yukon, E.Y. signaled a left turn into a convenience store. However, he pulled across the "gore lines" (yellow hash marks painted on the road to signify "no traffic") just beyond a concrete median. Rokovitz then activated his blue lights.

The pullover location was in the convenience store parking lot. The entire stop and conversation was video and audio taped. E.Y. admitted drinking and reluctantly attempted to perform field testing. Every field test was failed miserably, according to Rokovitz. The video tape showed that E.Y. could not balance on one leg and (when attempting the alphabet for the second time) showed E.Y. cursing about his inability to recite the ABC’s.

Rokovitz arrested Defendant and charged him with four offenses:

(1) Not stopping behind the balk line;
(2) Lane violation (for allegedly touching the white fog line once);
(3) Improper turn across the gore lines; and
(4) DUI.

E.Y. refused to be tested at the hospital. At a pre-trial motion evidence of E.Y.’s alleged "refusal" to submit to a blood test was suppressed, based on the officer’s failure to properly read his implied consent rights.

A two day jury trial resulted after no non-DUI disposition could be negotiated. Because E.Y. would lose his license and job upon conviction for DUI, he had no choice but to challenge the State’s case. Plus, this was a third offense for him. Inasmuch as he had a pending case in Mississippi and an older conviction in another state, the stakes were very high.

A motion for directed verdict of acquittal eliminated all charges except the DUI, based upon improperly drawn accusations. The jury considered only the DUI charge and acquitted E.Y. in 75 minutes. He walked away from all charges "Scot free".

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