notable cases

Georgia Drunk Driving Defense

The Atlanta, Georgia DUI defense law firm of Attorney Michael Hawkins represents people throughout greater Atlanta Georgia who have been accused of drunk driving, driving while impaired, driving while intoxicated, vehicular homicide or vehicular homicide while intoxicated.

An arrest can leave anyone feeling as though they have been convicted. They have not. An arrest is merely an accusation that could have been made based on faulty test results or after an illegal arrest. In fact, there are several legal technicalities that must be considered, and a prosecutor that must prove his case against the alleged defendant. It is through the expertise and experience of drunk driving defense attorney Mike Hawkins that often makes the difference. Some such cases are highlighted below.

The Hawkins Law Office takes immediate steps to protect their client's rights.

CITY OF ATLANTA - .106 BREATH - UNLAWFUL TURN

State v. D.M.

Defendant was stopped by a City of Atlanta DUI Task Force officer after he made an unlawful left turn at the intersection of Piedmont and Cheshire Bridge roads. Field sobriety evaluations, including horizontal gaze nystagmus (eye test), 9-step Walk & Turn, and One-Leg Stand tests were administered. When asked to submit to a portable alcosensor breath test, Defendant asked if he could have a blood test instead. The officer would not give him a blood test, but advised him that if he did not take the State administered breath test, his license would be suspended for one year. Defendant took the breath test, which resulted in a .106. At a pretrial hearing, the judge excluded the breath test results from evidence because the officer violated Defendant's right to additional tests of his own choosing. The jury found Defendant Not Guilty of DUI and Guilty of Failing to Obey a No Turn sign.

COBB COUNTY - .17O BREATH - ACCIDENT

State v. A.G.

Defendant was involved in an accident when he rear-ended the car in front of him at an intersection in Cobb County. He was questioned by the police about where he had been and how much he had to drink. According to the arresting officer, he was unable to successfully complete field sobriety evaluations. The officer read the implied consent warning asking for a breath test. A wrecker was called to tow Defendant's car, and the officer attended to other duties associated with the accident. Some time later, Defendant was advised he was under arrest for DUI. The breath test resulted in a .17. The judge ruled at a pretrial motions hearing that implied consent warning had not been read at the time of arrest, which is required, and excluded the breath test from evidence. The prosecutor reduced the charge to Reckless Driving and dismissed the DUI charge prior to trial.

DEKALB COUNTY - .12 BLOOD - ACCIDENT

State v. S.J.

Defendant struck a DeKalb County police car which had parked on the shoulder of the ramp from I-285 East to I-85 South. The officer was investigating a previous one-car wreck that occurred on the wet roadway. According to the officer, when asked why he hit the car, Defendant responded "because I've had too much to drink." Several officers became involved with the arrest of Defendant and he was asked to submit to a blood test, which resulted in a .12 blood alcohol level. At a pretrial motions hearing, the State failed to produce any officer to testify that Defendant was read his implied consent rights prior to taking the blood test. The judge excluded the blood test result from evidence. The jury acquitted Defendant of all charges.

GWINNETT COUNTY - REFUSAL - SPEEDING

State v. S.A.

Defendant was stopped for speeding 72 in a 55 MPH zone. The officer testified that he smelled alcohol when he spoke to Defendant. Field sobriety evaluations, including the horizontal gaze nystagmus (eye test), 9-step Walk & Turn, and One-Leg Stand tests were administered. The defendant was arrested and asked to submit to a breath test. Defendant asked to speak with a lawyer before deciding whether to submit to the test. The arresting officer advised Defendant that he did not have the right to a lawyer at that time and Defendant "refused" to take the test. Defendant testified at trial that he would have taken the test if he had been able to speak with a lawyer to find out what his rights were. On questioning by the prosecutor, Defendant admitted he had four beers at a sports bar earlier that night. The jury found the Defendant Not Guilty of DUI and Guilty of Speeding.

COBB COUNTY - .14 BREATH - WIDE TURN

State v. J.P.

Defendant was stopped by Georgia State Patrol for making a wide left turn, given field sobriety tests, and arrested for DUI. Subsequent breath test registered .14. At the motions hearing, no evidence was suppressed, but it became clear to the prosecutor that the arresting officer was very inexperienced and would not be a strong witness at trial. The State dismissed the DUI charges, and J.P. pled guilty to Reckless Driving.

CITY OF ATLANTA –  REFUSAL – FAILURE TO MAINTAIN LANE

State v. J.T.

Defendant was followed by a Georgia State Patrol trooper as he was leaving a bar in Buckhead.  Although the Trooper’s report stated that he stopped the Defendant because he was “all over the road” weaving, videotape evidence obtained by The Hawkins Law Firm showed that there was only a single instance where Defendant’s left tires touched the centerline.  No other cars were around at the time.  After performing several field sobriety tests, Defendant  was arresting and charged with DUI.  The trooper read the Implied Consent notice which requires a driver to submit t a state-administered chemical test.  When the trooper requested a breath test, Defendant stated he would rather have a blood test.  The trooper recorded this response as a “refusal” to submit to the breath test.  Upon review of our Motion to Suppress Evidence of Defendant’s Alleged Refusal, the prosecutor agreed to dismiss the DUI charge and Defendant pled guilty to one count of Reckless Driving. There was no jail, no license suspension, and no conviction for DUI as a result.

CITY OF DORAVILLE - .130 – ILLEGAL WINDOW TINT

State v. T.L.

Defendant was stopped at 2:30 a.m. on Buford Highway for allegedly having an illegal window tint (yes, while it was dark outside).  He admitted to drinking several beers at a restaurant earlier in the evening.  He was asked to perform several  field sobriety tests, which the police officer stated he failed.  He declined to submit to a portable alcosensor breath test and was arrested.  He agreed to submit to a breath test at the police station on Intoxilyzer 5000 machine, under fear of losing his license for a year if he refused.  The Hawkins Law Firm filed a Discovery Demand in order to obtain a copy of the videotape from the camera in the police car during his arrest.  When the video was received, it showed another arrest from another night from a different person.  After repeated attempts to obtain the right video, the police department finally admitted that the video was no longer accessible.  The prosecutor agreed to dismiss the DUI charge and Defendant pled guilty to Reckless Driving.  There was no jail, no license suspension, and no conviction for DUI as a result.

FORSYTH COUNTY – REFUSAL – FAILURE TO MAINTAIN LANE

State v. S.M.

Defendant was leaving a party at a friend’s home with his wife and was stopped near the entrance to his subdivision.  He admitted to having 2 glasses of wine at the party. The police officer asked him to perform field sobriety tests and Defendant agreed.  Upon submitting to the “horizontal gaze nystagmus” eye test, Defendant, who is a doctor, questioned the officer about his procedure.  Communication between the officer and Defendant deteriorated and the police officer arrested Defendant and charged him with DUI.  The case was set for trial.  Prior to the case going to trial, the prosecutor and police officer met with Mr. Hawkins and a deal was negotiated to dismiss the DUI and allow Defendant to plead to Reckless Driving.

Please contact the law firm for a free initial consultation to discuss your case and how legal representation by the Hawkins Law Firm can help you when you've been accused of driving while intoxicated or a related offense.