Robert Smyly - Driving Under the Influence

State of Georgia vs. L.C., Henry County State Court

A police officer observed client in a gas station acting belligerent about a lottery ticket and smelling strongly of alcohol. He waited for her to drive away and then followed her at which time her observed her car to be weaving within its lane and stopped her vehicle. After being stopped she told the officer she had been drinking rum and cokes with her husband to celebrate his new job. He observed that she had red and watery eyes. Client agreed to take field sobriety evaluations. She displayed all the possible clues of intoxication on a horizontal gaze nystagmus test, however she did fairly well on the walk and turn and one leg stand test. Client was then arrested and refused a blood test. I was able to get her charge reduced to reckless driving as a result of her appearance in the video and the inconsistent clues on the field tests.

State of Georgia vs. R.M., Henry County State Court,

Client was observed running a stop sign in a small town late at night. Client smelled like alcohol and admitted to drinking 2 to 3 beers. His passenger had an open container of beer hidden in his coat pocket. The officer described his demeanor as "confrontational and confused". Client submitted to field tests. The officer saw 6 of 6 possible clues on the horizontal gaze nystagmus test. Defendant displayed some clues of intoxication on the other tests. He was arrested and refused a breath test. Clients charge was reduced to reckless driving after I pointed out to the prosecution some issues with the officer's manner of conducting the tests. Client's appearance and demeanor in the video also did not match the description in the police report and the officers were being very rude and disrespectful to him in the video.

State of Georgia vs. D.B., Henry County State Court

Client was passed out on the left shoulder of I-75. An officer approached and observed Client to be incoherent and smelling strongly of alcohol. Client admitted he had been drinking beer at a party. Client stated he was headed to Atlanta although he was on the shoulder of I-75 S. Client was given an HGN test and had 6 of 6 clues. Client could not perform the other field test due to being a paraplegic. At trial I introduced evidence that Client had been extremely ill from an infection and that his caretaker had observed him to have a high fever the previous day. The trial ended in a mistrial due to the jury being unable to come to a unanimous decision. The Solicitor re-accused the case but then offered to reduce my client's charge to reckless driving rather than re-try the case.

State of Georgia vs. K.P., Gwinnett County State Court

Client was stopped for speeding. The officer smelled alcohol and asker her if she had been drinking. She admitted to having a mixed drink. The officer realized that she was under 21 and began a DUI investigation. She exhibited some clues on the field tests and was arrested. She agreed to a breath test and was slightly over the limit for drivers that are under 21. After fruitless negotiations in a recorders court, I had the case bound over to the state court for a jury trial. The prosecution in state court eventually agreed to reduce the case to reckless driving. I was also able to get them to agree to reset the case after her 21st conviction.

State of Georgia vs. S.C., Stockbridge Municipal Court

Client was stopped for a tag light violation. The police detected an odor of alcohol and determined that he was under 21 years of age. Client admitted drinking and had bloodshot and glassy eyes. Client agreed to take field tests and exhibited some clues of intoxication. The portable breath test was positive for the presence of alcohol. Client submitted to a blood test which showed the presence of marijuana metabolites in his blood. Counsel appeared for a trial at which the State was unable to present the necessary evidence. The charge of Driving Under the Influence was dismissed.