Georgia Criminal Case Results
DeKalb County – DUI 0.213 BAC and a wreck – Not Guilty
Airline pilots cannot have a DUI. Period. This particular pilot wrecked his car on a dark and rainy night. When officers arrived, they were not very nice to him or bystanders. The officer tried to put our client through field sobriety tests, but chose to chase off an innocent and unrelated bystander who was video-recording the investigation for safety reasons. When the officer came back to finish the field sobriety evaluations, the officer set his own feet up incorrectly, and then completed his demonstrations incorrectly. This is seemingly small stuff, but field sobriety evaluations are supposed to be STANDARDIZED and SYSTEMATIC, in order to divide a driver’s attention to assess whether or not they are impaired. During cross examination, Adam was able to show that the officer’s attention was divided when the bystander caught his attention, and the officer was unable to complete his own evaluation in a standardized and systematic manner. Therefore, the officer “failed” his own sobriety tests. The jury agreed and found our pilot NOT GUILTY.
DeKalb County – DUI with wreck – Not Guilty
A Class-A CDL holder was found deep asleep at a church gate early one morning. That wouldn’t be so bad, except that his car had crashed into the gate and broken it, his door was open, his legs were hanging out of the door, and nothing was able to wake him for twenty minutes until ambulance sirens sounded nearby. According to the officers on scene, the client was “passed out drunk,” and his first action after waking up was to put toothpaste in his mouth. An investigation revealed that the first officer on scene—a 35+ year veteran—did not write a report, and refused to talk to Adam Brown about the case. Another officer reported getting close enough to smell alcohol and toothpaste, but then chose not to conduct field sobriety exercises due to “officer safety concerns.” Adam Brown was able to show at trial that there were no officer safety concerns—namely that the client was no threat, and that there was a third-unnamed officer on scene, all three of which were fully armed and trained to protect one-another. Adam called a defense witness that assisted with the investigation, and showed the jury that the church gates could not have operated in the fashion described by the officers. Adam was able to use all of those inconsistencies to attack the rest of the State’s case, and the jury agreed, returning a verdict of “Not Guilty” after deliberating only fifteen minutes.
Fulton County DUI-Per Se with 0.190 BAC – Dismissed
A 25-year-old software engineer executive drove his car at night without headlights on. After a State Trooper did a typical DUI investigation, the client was arrested. Later at the jail he blew a 0.19 on the state administered breath test. The state requested a continuance of the motions hearing due to the Trooper being unavailable. Four months later the State requested a second continuance. Because of a full investigation, Adam knew that the Trooper had been transferred to a new office (“Post”) many hours away. The judge agreed with Adam’s argument that the State had plenty of time to correctly subpoena the Trooper, and still failed to bring him to court. Accordingly, the judge granted all of Adam’s motions to suppress evidence, and the case was dismissed.
Fulton County DUI 0.109 Breath Test – Not Guilty
A decorated military officer, with a thirteen-year career on the line, was pulled over after running a stop-sign in the Virginia Highlands. The client agreed to field sobriety exercises and scored a 6/6 on the HGN, 4/8 on the walk and turn, and a 2/4 on the one leg stand. The client agreed to breath testing and blew a .109. Adam Brown took the case to trial, and after a hard-fought battle with a veteran Atlanta DUI Task Force officer, the jury returned a not guilty verdict on both DUI and Reckless driving in 15-minutes.
White County Superior Court – .153 blood test – Blood Suppressed and DUI Dismissed
A Georgia State Patrol Trooper testified that he heard this client’s Mazda Miata “roaring” up behind him, and that’s why he checked his radar. The client was supposedly going 61 mph in a 35 mph zone on a dark and windy road in White County. After stopping the car, the Trooper smelled alcohol, and requested that the client perform field sobriety evaluations. According to the report, the client did not do very well on those tests, including the worst possible score of six out of six clues on the Horizontal Gaze Nystagmus test. After the client was arrested, her blood was drawn at an EMS station, and showed a BAC of .153. Adding to this case’s intrigue, the courthouse’s electricity failed during the motions hearing, leaving Adam Brown to conduct two hours of cross examination in a pitch-dark courtroom except for his cell phone flashlight. Unphased by the odd circumstances, Adam Brown was able to show, in the dark, that the Horizontal Gaze Nystagmus test was done improperly without a proper medical clearance. In addition, Adam Brown successfully argued that the State failed to show that the warrantless blood draw was performed in a reasonable manner as required by the Fourth Amendment. After the blood test results were suppressed, the State offered to dismiss the DUI, and allowed a nolo plea to reckless driving.
Fulton County – DUI Less Safe – Bench Trial – Not Guilty
A CDL truck driving client was facing long odds in this case—his second DUI arrest in two years—both with similar fact patterns. Both cases were handled by Adam Brown, and both were won with NOT GUILTY verdicts. The client was discovered asleep at the wheel with his car on and in gear. When officers arrived, there was no amount of shaking the car that would wake the client. The window was eventually broken to gain access. The client then woke up, and was transported by ambulance to Grady Hospital, where he refused the requested blood test. A full investigation revealed a dash-camera video that was unable to corroborate the Officer’s story that the client was actually arrested on scene. This lead to a major issue with the admissibility of the client’s alleged refusal to take the State’s test. In addition to this issue, the State failed to bring the case to trial in a timely manner. Although the trial court denied Adam’s initial motion to dismiss for violations of the constitutional right to a speedy trial, Adam argued the motion a second time. The merits of that motion led the State to agree to a bench trial where the Judge found the client not guilty of DUI.
Paulding Superior – Voluntary Manslaughter – Case Dismissed
Our client was arrested after shooting and killing his roommate. A smear campaign was quickly started by the alleged victim’s family, trying to sway public opinion against our client. Adam and co-counsel conducted a thorough independent investigation, and was able to show that our client’s actions were in self-defense, and thus immune from prosecution.
Chamblee Municipal – 2nd DUI in five years reduced to Reckless Driving
In a story for the ages, this client was seen driving over erratically over multiple curbs through Chamblee, Georgia. After officers stopped the car, the client got out on his hands and knees and attempted to vomit. When the officers asked how much the client had to drink, his response was “enough.” The client was unable to stand on his own power, was sweating profusely, had bloodshot and watery eyes, and a very h3 odor of an alcoholic beverage wafting off of him. He refused field sobriety tests and refuse the state’s breath test. Once arrested, the backseat camera showed the client laying down in the backseat and crying, and it showed him somehow moving his handcuffs to the front of his body. If convicted, this would have been the client’s second DUI in five years. Despite how bad this case looked Adam Brown was able to show that the manifestations were more consistent with an acute panic attack—an uncontrolled condition which the client had occasionally experienced over the past few months. The case was reduced to reckless driving and a basic rules violation.
Clayton County – DUI, asleep with pants down and urine in seat – All charges dismissed
In a must-win situation, a medical professional client faced a nightmare situation, where the incident report looked awful at first glance. The client was found in a compromising situation on I-75 late one rainy night. Her car suddenly lost power while driving on I-75, and she was able to navigate her disabled car almost fully into the left emergency lane of I-75. Naturally, someone called 911 and claimed that a driver was all over the road, was partially parked in the fast-lane, and was likely drunk. Unfortunately, at that same time the client urgently needed to urinate. Because of her location on the interstate she was unable to get out of her car, so she grabbed a cup and did her best. Adding insult to injury, the cup of urine spilled all over her pants. Instead of pulling up her soaked pants, she decided to sit with her pants down until help arrived, falling asleep during the wait. What occurred next is a prime example of why it is important to fully investigate your case.
- The arresting officer documented that he tried to wake the client up for five minutes, which was a gross exaggeration.
- The arresting officer documented that he was able to simultaneously observe the client’s front and rear private areas—while she was sitting down.
- The arresting officer documented that the client had difficulty standing up while walking, when the dash-camera footage showed she walked fine.
- The arresting officer documented that the client admitted to drinking “2-3 drinks,” despite that statement being nowhere on the video.
- The arresting officer documented that he did not ask the client to perform any field sobriety evaluations due to “safety concerns.” The investigation revealed that he moved the client to a much safer location where the evaluations could have been performed, and we also uncovered the likely real reason—that the arresting officer was not trained in field sobriety testing.
- Lastly, the arresting officer failed to properly read the implied consent notice—twice—which resulted in the suppression of the refusal to take the state administered breath test.
Adam Brown prepared for a jury trial on the seven-count accusation, and planned to call multiple rebuttal witnesses to tell the real version of events. When the arresting officer failed to show up on the morning trial, the prosecutor had no choice but to dismiss the entire case.
Lumpkin County – DUI Per Se 0.154 blood test – Reduced to Reckless Driving
An Army Veteran client was driving on a two-lane road when she hit an animal. The collision caused her tire to deflate, and with nowhere safe to pull off, she decided to call 911 for assistance. When the Officer arrived, he reported that he could hear the metal of her tire scraping the roadway—even though she claimed she was stopped. She admitted to having a few drinks, and the officer did not perform field sobriety tests. She was arrested for driving under the influence and taken to the hospital for a blood draw where it was discovered her BAC was 0.154. Due to a full investigation and the discovery of inconsistencies in the police work, this high blood BAC test was reduced to reckless driving.
Fulton State – Battery of Elderly Person – Dismissed and Record Restricted
Our post-divorcee client is the father to a sweet young man. When a custody exchange went haywire in a large grocery-store parking lot, the police were called, and our client was arrested for allegedly punching the child’s grandmother in the face. Adam tracked down all the available surveillance video from the grocery chain, subpoenaed the managers, and was able to show no such thing happened. In fact, the alleged victims (three in total) were seen knocking our client’s phone out of his hand. The case was dismissed, and the client’s arrest record was sealed.
Fulton County – 0.156 Blood Test – Dismissed
An accountant client needed a win in order to get his career back on track. Unfortunately for him, he lost two jobs due directly to the pendency of his DUI charge. We demanded a speedy trial on his case. The government filed formal charges one week prior to the statute of limitations running, and five months after the speedy trial demand. Adam Brown was well situated to argue that the delay caused by the government was constitutionally unreasonable, to the point that it harmed the client. The judge agreed, and the case was dismissed in total.
Cobb County – DUI 0.083 Breath Test – Dismissed and Reduced
An airline pilot wrecked his car on the interstate after a faulty repair left him without steering. Luckily, he was able to use the gas and brake pedals enough to “steer” his car into a wall while not hitting anyone else. He was so distraught, others thought he was intoxicated, so the cops were called and he was indeed arrested. Adam was able to show that the cause of the wreck was due to a malfunction rather than impairment, and the prosecutor agreed that it would be difficult to prove his guilt beyond a reasonable doubt, even with a breath test over the legal limit.
City of Atlanta – 2nd DUI arrest in 3 months by same officer, reduced to reckless driving
An Airport Employee was unfortunate enough to be arrested twice for DUI within the span of a few months, by the same Georgia State Trooper. The client hired a different firm on the first DUI, and was quickly signed up for a DUI plea. His second case, though, was a “must-win” situation or else he would lose his career due to severe license penalties. Adam Brown was able to show the prosecutor that the Trooper’s decision to arrest the client on the second DUI was probably made a bit hastily, and that the client’s refusal to submit to a blood test was later rescinded. As a result of Adam’s negotiation efforts, the client was able to walk out of the courthouse without a second DUI conviction, and with his career left intact.
Fayette Superior Court – VGCSA Possession with Intent 2nd – Reduced
Our client was facing his 51st (yes, fifty-first) arrest cycle. And this one was a doozy. Taking into account his prior possession with intent to distribute in his criminal history, this fellow was facing potential decades in prison. Adam jumped in to investigating the case, finding that the warrant was erroneous, and got the charges bound over as simple possession only (3-year max). The State still didn’t want to budge, wanting maximum prison time (understandable, being the 51st cycle…). Adam enlisted the help of a veteran drug and alcohol evaluator, and had him visit our client in the Fayette County jail. That evaluation showed decades of a heartbreaking story involving numerous deaths and setbacks. Moreover, the evaluation recommended inpatient treatment, rather than prolonged incarceration. Adam then found an inpatient facility willing to accept our client as soon as he was released from custody. After much negotiations, the client was released into the rehab facility with only a short term of probation.
DeKalb County – 0.174 breath test – Reduced to Reckless Driving
Dunwoody Officers investigated this student teacher client for DUI after a 911 caller said that she was driving terribly. The client admitted to drinking, performed poorly on all field sobriety tests, and decided to submit to the state administered breath test. She ended up blowing a .174 on the Intoxilyzer 9000 machine. After consulting with the client, Adam Brown went to the scene where the DUI investigation took place, and found large locked gates surrounding the apartment complex. The investigation further revealed a number of body cameras from officers who: (1) entered the gated community without a warrant or constitutional exception, and (2) entered the residential hallway of an apartment complex without a warrant or constitutional exception. While common areas of apartment complexes are often not constitutionally protected by the warrant requirement, the investigation into the unique layout of this specific property added a number of constitutional questions to the mix, and the State eventually agreed to reduce the charges.
Rabun County – DUI Marijuana – Reduced to Reckless Driving
Our non-citizen client reeked of marijuana. In fact, our client admitted to smoking marijuana earlier in the evening. This client would likely have been convicted of a DUI-drug offense and faced a HARD license suspension. However, Adam’s expertise saved this client from the life-altering immigration consequences of a DUI drug offense. The arresting officer thought he was making a “GREAT” DUI case, but he documented that he found 4 out of 6 clues on the HGN (Horizontal Gaze Nystagmus) test. What the officer didn’t realize is that that marijuana intoxication, alone, will not cause any HGN clues to be present. So, either the officer was lying about what he observed, or he didn’t investigate the presence of any other intoxicating substances like depressants (alcohol included), inhalants, or dissociative anesthetics–all of which could cause HGN clues to be present. The DUI was reduced to reckless driving, with 6 months probation.
Atlanta Municipal – DUI Probation Violation – Dismissed
Adam had previously gotten this particular DUI reduced to reckless driving with probation. Sadly, the client then chose not to report to probation or pay fines thinking nothing would happen. Of course, that lead to a probation violation. Adam was able to intervene with the probation officer, show proof that all conditions had been met prior, and got the VOP petition dismissed, and probation terminated early.
Clayton County – Roadblock stop – Motion to Suppress Granted & Case Dismissed
A motion to suppress was granted due to Adam arguing that the roadblock was unconstitutional—namely that the County’s roadblock policy was unreasonable under the U.S. Constitution’s Fourth Amendment, as discussed in the United States Supreme Court and the Georgia Supreme Court. The Clayton County State Court judge found that although this specific roadblock was conducted in a reasonable manner, the prosecution failed to prove that the Clayton County policy was constitutional as a whole.
Smyrna – DUI reduced to reckless driving
A young dancer was pulled over by a professional DUI cop. Through Adam’s extensive DUI investigation, he was able to show the Smyrna prosecutor that even though this officer was highly trained, he didn’t comply with much of his training. The investigation was sloppy, and was possibly unconstitutional. In order to secure an assurance for a drug and alcohol evaluation, the prosecutor chose to reduce the DUI to reckless driving.
DeKalb State Court – Battery-Family Violence – Case Dismissed
Our client got into a verbal argument with his significant other. Both had been drinking. When our client went out to the family car, the motel door was slammed shut and locked. A few minutes later, officers arrived to hear a story. Per department policy, one of the parties had to be arrested. Adam’s investigation showed that the alleged story was entirely false. A claimed injury by the alleged victim was actually a birthmark. And yet the State would not dismiss the charges, instead offering our client a plea deal that would still result in a lifetime federal loss of firearms privileges. Adam encouraged the client to reject the offer and go to trial. On the morning of trial, just before picking a jury, the State advised that they were not able to proceed because the alleged victim wouldn’t return their calls. Case dismissed and criminal arrest record restricted.
Duluth Municipal – 79mph in 45 mph zone, under 21 – reduced to non-reporting offense.
Our under-21 client was hot-dogging in his car, going way too fast. Not only would he have received a super-speeder violation, but he would have also obtained a license suspension since he was under 21 years old. Adam was able to guide this young client through a defensive driving course, and get the case reduced to a non-reporting violation. No points, no suspension, no super-speeder.
Cobb County State Court – DUI Per Se reduced to reckless driving
Our Australian client was arrested for DUI by the Cobb County DUI Task Force. Adam did a full investigation, and found that the lead investigator was HIGHLY trained in DUI detection, including being a “DRE” (Drug Recognition Expert). However, this particular officer was too cocky, and oversold his observations. Adam’s expertise as a former critical care registered nurse came in handy with cross examining this officer. After many months of litigation, the State finally saw reason, and reduced this case down to reckless driving.
Chamblee – 2nd DUI in 10 years, immigration issues, driving on suspended registration – Reduced to reckless driving and expired tag only
A successful and productive immigrant was pulled over by a State Trooper assigned to the DUI Nighthawk Division. Unfortunately, she had been pulled over a week prior as well for driving on a suspended registration. Adding to her troubles, as a professional bartender she smelled like [a lot of] alcohol. After performing poorly on field sobriety tests, she was arrested and read Georgia’s Implied Consent Notice, to which she refused. The client decided to appeal the administrative case. Adam knew that he only had a few months to win the DUI criminal case before the administrative suspension likely took effect (Nighthawk Troopers always show up to ALS hearings, and there were no major issues to argue in the administrative case). Adam worked with the client to build a track record on mitigation, and after a few trips to Chamblee’s night court, was able to secure a reduction to reckless driving and expired tag. This result saved the client from a total of three stacked suspensions (1-year hard ALS suspension; 4-month DUI suspension; and 6-month suspended registration suspension), and a possible immigration failure with loss of everything she had worked for over the past decade.
Dalton – DUI Per Se 0.11 Breath Test, reduced to reckless driving
A medical student was pulled over for driving without his headlights on. The officer smelled alcohol, and the driver admitted to having a few glasses of wine. The medical student agreed to perform field sobriety tests, and ultimately was arrested for driving under the influence. After being read the implied consent notice, the client refused to take the State’s test, subjecting him to a 1-year hard license suspension. Adam Brown worked tirelessly with the client, advising him on appropriate mitigation efforts. At the administrative hearing, Adam was able to get the officer to agree to unilaterally withdraw his sworn report—meaning there was no agreement to plea to anything, and the client escaped the 1-year license suspension. Months later, Adam was able to present all of the client’s mitigation successes to the prosecutor, and ultimately secured a reduction to reckless driving.
Clayton, GA – Breath Refusal, Roadblock
An out-of-state driver was pulled over at a roadblock in the scenic North Georgia mountains. Unfortunately for him, his performance on the field sobriety evaluations left much to be desired, scoring 6/6 on Horizontal Gaze Nystagmus with Vertical Gaze Nystagmus being present, 6/8 on the Walk and Turn, 4/4 on the One Leg Stand, and testing positive for the presence of alcohol. The client then refused the state’s test. Adam Brown was able to work with the Officer and Prosecutor, and because of potential out-of-state license consequences, was able to get the DUI reduced to a municipal ordinance violation and have the DUI arrest record-restricted, which meant nothing was reported to Georgia DDS or his home-state driver’s license agency, and access to his arrest record was restricted to law-enforcement purposes only.
Fulton State – Blood Refusal, FTML, FTC, reduced to reckless driving
A 21-year-old client tailgated a Georgia State Trooper a little too closely. The Trooper got so frustrated that he pulled to the side, let her pass, and pulled her over. Sadly for her, she was transporting two other young women who were clearly intoxicated. Smelling an overwhelming odor of alcohol beverage coming from the car, the Trooper got the driver out, and began investigating for DUI. The client denied having anything to drink because she was the DD, then tested positive on the roadside alcosensor, afterwhich she changed her answer and said she had one drink. After an alleged poor performance on the horizontal gaze nystagmus (HGN) test, the client was arrested. Adam Brown’s review of the video evidence showed that the Trooper’s performance on the HGN test was incomplete and unreasonable. Moreover, the Trooper claimed to have not performed the remaining field sobriety tests because there was no space to perform them—and the video showed otherwise. Adam also filed a speedy trial demand to put pressure on the State to get this case to trial quickly—which did not happen. The State was left with the option of defending a motion to dismiss, or offering to reduce the charge. The client opted to plead to reckless driving with early termination upon completion of the terms.
Cobb State – DUI, Minor in Possession of Alcohol, Failure to Use Due Care –Reduced to reckless driving without probation
A 20-year-old driver went to morning classes after a night out with friends. Unfortunately, he was sleepy on his drive home after attending lecture. He did what a responsible driver should and pulled over to take a nap. Unfortunately, he failed to put his car in park, and rolled into the front of a large delivery truck while asleep. When officers arrived, they eventually arrested the client for driving under the influence of alcohol, as well as being a minor in possession of alcohol. The client consented to all tests, including the state administered breath test. However, because this was day-shift, the police agency did not have an intoxilyzer certified officer working at the time, and the State was unable to obtain a breath test. Adam Brown was able to use the facts of the State’s case to secure a continuance beyond his 21st birthday, as well as a reduction of all charges to reckless driving and no probation. Because the case closed after the client turned 21, there was no license suspension.
Atlanta Municipal – Breath Refusal and Speeding 97/55, reduced to reckless driving.
Adam Brown was hired by this Atlanta City Police Officer after seeing his performance in court one day. The client was pulled over for speeding 97 mph in a 55 mph zone. His performance on sobriety evaluations, and other manifestations of intoxications caused him to be arrested for driving under the influence. A full investigation revealed discrepancies between the dash-camera video and what was reported by the arresting officer. Adam Brown used these discrepancies to negotiate a reduction in charges. Adam Brown further negotiated a no-probation outcome, due to our client needing to maintain his POST certifications.
Cobb County – Breath Refusal and DUI-Child Endangerment, Reduced to reckless driving
This Irish client drove her family home after eating dinner at a local restaurant. After being pulled over, and the officer believing he smelled the odor of an alcoholic beverage, the client understandably refused to perform any field sobriety tests and refused to take the State’s breath test. A full investigation revealed that the video looked far better than what the officer documented. Adam Brown prepared for a hearing and the State offered to dismiss both the DUI-refusal, and the DUI-Child Endangerment minutes before the hearing because of those discrepancies.
Fulton County – Felony Obstruction and Felony Terroristic Threats – reduced to misdemeanors
Atlanta Officers responded to a local pub where this client was found highly intoxicated and attacking fixtures on the property. Unfortunately, the client’s conduct was recorded on video. Once the client was in custody he began making statements to the officers about killing them, and later in the encounter he kicked an officer. Due to the nature of the client’s professional work, having a license to Captain very large ships, this was a “must win” scenario to escape all felonies. Adam Brown investigated the facts of this case, as well as prior criminal history involving similar conduct. Through Adam’s diligent work, negotiations in the case resulted in all felonies being dropped.
Fulton County—DUI Less Safe – Dismissed
This out of state driver was pulled over for running a red light. After being pulled over he even admitted to the infraction. A State Trooper assigned to the DUI Nighthawk Division of the Georgia State Patrol documented that he saw six clues out of a possible six on the Horizontal Gaze Nystagmus Test; six clues out of a possible eight on the Walk and Turn Test (including performing the 2nd half of the test backwards); and three clues out of a possible four on the One Leg Stand. A full investigation revealed that an unknown Atlanta Police Officer made the initial stop, though, and the State was unable to proceed to trial. At the call of the trial calendar all of Adam Brown’s motions were granted, resulting in the case being dismissed.
DeKalb County – DUI Less Safe – Reduced to Reckless Driving
This client was involved in a wreck during an impending snowstorm. When officers arrived on scene, her speech was slurred, her walking was unbalanced, and she smelled like alcohol. Needless to say, she did not perform well on field sobriety tests. She agreed to take a breath test, but was unable to blow hard enough, so the State was allowed to say she refused. A full investigation revealed, however, that the intoxilyzer machine had just been installed the day before her test, and the security footage from inside the police station showed that there were, at times, seven officers surrounding the new machine to watch it work. Adam Brown was also able to meet with the client’s doctor, who reviewed all of the available video and concluded that all of the odd mannerisms that appeared to be “bad,” were actually normal for this client. Adam Brown prepared for a jury trial, and the State offered a reduction of charges just prior to picking a jury.
Franklin County – DUI – Reduced to Reckless Driving
In a must-win case, this Senior Airman with the United States Air Force was facing severe criminal and military career consequences when he was arrested for driving under the influence on Interstate 85 in Franklin County. Traveling from South Carolina with one of his buddies early one morning, they attended a Motocross event at the Georgia Dome. These two guys met up with a bigger group of friends, and they all decided to tailgate through mid-day, and cut off all drinking before going in for the races that evening. Unfortunately, the client put 20+ beer cans, including some partially full, in the cab of his truck so that they would not fly out of the bed during the drive home. The client was pulled over well after midnight with atrocious driving – weaving all over the roadway with other traffic present. His performance on the field sobriety tests was poor as well, leading to his arrest on multiple traffic violations. Adam Brown dove into the client’s medical history, and found that he had structural ear surgery, which may have affected his performance, as well as a recent broken back and knee surgery. The complete investigation led to a compelling presentation with the State, and this Airman accepted a fine-only plea to reckless driving.
Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving
A young bartender had just gotten off work. Understandably, she had an end-of-shift drink with colleagues, but then unfortunately decided to follow a friend home. As the two were pulling through the parking lot to leave, rather fast, her friend braked hard, causing a rear-end collision with the client listed as the at-fault driver. Adam Brown discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property. Adam Brown was also able to show the State that the client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, Adam Brown took the case up with the arresting officer, who later advised the State that there was no objection to a reduction in charges. As a result of getting the officer on board, the State agreed to reduce this Per Se case to reckless driving.
Johns Creek – DUI Less Safe – Reduced to Reckless Driving
A client with a prior DUI conviction was late for work and driving in the emergency lane during rush hour traffic. Sadly for her, she had some alcohol the night before, and the officer smelled it upon pulling her over. The client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.” She then refused to blow on the alcosensor (PBT), and later refused the state’s breath test. A full investigation revealed a lack of evidence to support probable cause to arrest for DUI, and because of that the State was willing to offer a quick non-DUI resolution.
City of Atlanta – DUI – alcohol and multi-substances reduced to Reckless Driving
A software engineer was pulled over for driving fast in a convertible Porsche. Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h. Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment. Although she performed the field sobriety exercises, she refused the State’s test. Despite marginal evidence, she was arrested for DUI under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of. Adam Brown was able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.
City of Atlanta – DUI reduced to Reckless Driving
A professional architect was pulled over for having a headlight out. During the Officer’s investigation, the client admitted to drinking one beer and three bourbons. When the officer asked the client to perform field sobriety tests, the client refused, and was arrested for DUI anyway. Naturally, when the officer later requested a breath test, the client refused that as well. A full investigation revealed that the arresting officer was not trained in field sobriety evaluations, and the client’s appearance on jail footage was not nearly as bad as the officer reported. Adam Brown was able to point out these holes in the State’s case, and secured a non-DUI offer that did not impact the client’s professional licensure.
City of Atlanta – DUI reduced to reckless driving
A PhD Student in neural pathways was pulled over for driving without her headlights on. After the Georgia State Trooper smelled alcohol and saw the client’s eyes, he began a DUI investigation. The Trooper’s investigation resulted in a horizontal gaze nystagmus (HGN) test score of 6/6 (the worst score possible). She was unable to complete both the walk and turn and one leg stand exercises. She later tested positive for alcohol on the alcosensor, despite saying she had nothing to drink. She refused the State’s breath test. Adam Brown was able to show that the HGN test was not done according to standardized protocol, as well as the fact that the client was terrified she would get shot if she moved her hands the wrong way. Adam Brown was able to get the case reduced to reckless driving so that the client could continue on the path towards her PhD.
Fulton – DUI dismissed
A chemical engineer needed a quick resolution to the case due to a pending job offer that required a high federal security clearance. After being pulled over for speeding 71 mph in a 55 mph work zone. The officer believed that the client had a high dose of alcohol for his person because all six horizontal gaze nystagmus clues were present, and vertical gaze nystagmus was present (not common). The walk and turn and one leg stand exercises were performed with variable results. The client refused the on-scene alcosensor, but agreed to take the State’s breath test. Later at the jail the client refused to give a breath sample. Adam Brown was able to get this DUI/Speeding case resolved without a conviction for either charge a mere 36 days after arrest.
Paulding County DUI – Reduced to Reckless Driving
A professional plumber fell asleep at a light in Paulding County, Georgia, with the car in drive. When an officer arrived on scene, he had difficulty in waking the driver up, and the officer eventually had to put the car in park. The client admitted to drinking that night, confirming the odor that the officer detected. Field sobriety tests were conducted, and a breath test revealed a BAC of 0.069. Jailors later discovered marijuana on the client. Because of Adam Brown’s experience in medicine, and being certified in the same Standardized Field Sobriety Testing as police officers, he was able to show the State that the field sobriety tests did not show impairment. This resulted in the charges being reduced to reckless driving, and the State allowed the entrance of a Nolo plea to avoid any points on his license.
Fulton County DUI-Less Safe – Dismissed
A Hollywood SAG Card Holder (Actor), did nothing more than drive home after work—and he was arrested for DUI. The State Trooper claimed the client failed to maintain his lane. The client agreed to perform field sobriety evaluations, and tested positive for alcohol on the alco-sensor, but refused to take the State’s breath test. In the incident report, the State Trooper claimed that the client had slow, mumbled, and slurred speech; lost his balance during the walk-and-turn exercise; and swayed and used his arms the whole time during the one-leg-stand exercise. An investigation turned up dash-cam footag that showed none of that damning behavior. Adam Brown took this and ran with it, getting the DUI charge dismissed.
Dekalb County DUI .094 reduced to Reckless Driving
A non-native English speaking driver wrecked his car head-first into a brick sign, and his car came to rest on its side. Numerous witnesses stopped or called 911. The police had the client’s blood drawn, and revealed a BAC of 0.094. Adam Brown pushed for trial, and when the State’s toxicologist wasn’t be available numerous times, the case was reduced to reckless driving.
Fulton County DUI reduced to reckless driving
A corporate executive client was pulled over by the Atlanta Police Department after she ran a red light, failed to maintain her lane, and drove straight through an intersection while in a left-turn-only lane. When the client pulled over, she accidentally put the car in reverse, and had to be instructed by the officer over a loud speaker to put her car in park. When she got out of the car, the police officer made special note that her pants were unbuttoned and unzipped. No HGN was performed, and she scored a 6/8 on the walk and turn, and a 3/4 on the one leg stand. She refused breath testing. An investigation revealed a complete lack of training by the officers on scene, and Adam Brown was able to convince the State to reduce the charge to reckless driving.
Fulton County DUI-Less Safe (refusal), improper lane change – Dismissed
A 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over. Unfortunately, a State Trooper believed she smelled like an alcoholic beverage and began investigating for DUI. She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present. The client refused to perform any other field sobriety exercises. She initially agreed to a breath test, and later refused. The State offered a plea to DUI, then later reduced that offer to Reckless. With the advice of Adam Brown, the Client decided to roll the dice, because an internal investigation revealed that the arresting Trooper was no longer employed and was not appearing in Court. After declining the reckless offer, Adam Brown requested a hearing date, and when the Trooper didn’t show, the case was dismissed in total.
