Client was involved in a motor vehicle accident near Windward Parkway near the city of Milton in Fulton County. When officers arrived on the scene, there was an altercation between client and another individual in the median. Officers on scene allegedly observed a fraudulent drivers license in client's personal items. A witness on the scene claimed that client had driven on the wrong side of the road and struck a traffic signal box on the side of the roadway. Officers handcuffed client and placed him in the back of a patrol car. Client stated that he had been hit by another driver as he entered the intersection. The arresting officer stated that he observed client to have an odor of an alcoholic beverage about his person, red/glassy eyes and slurred speech. Client was not asked to perform field sobriety tests and refused a blood test. Client was arrested for DUI less safe, possession of an open container, failure to maintain lane, furnishing, purchasing, and possession of alcohol by a person under legal age, failure to have license on person, and failing to drive on the right side of the roadway. After discovery was completed, particularized motions to suppress were filed by defendant's counsel and a motions court date was scheduled by the court. When the motions date arrived, the State was unable to secure the attendance of the necessary witnesses at court. The burden of proof at a motion to suppress hearing is on the State to prove the legality of the arrest. Because the State could not meet its burden, all charges in the case were dismissed. This case was handled by attorney Bill Hardman.
William S. Hardman, Jr., P.C. 210 Washington Street, NW, Suite 104 P. O. Box 438 Gainesville, GA 30503 Phone 770-530-1164 Fax 844-894-2462 No information contained on this website is to be construed as legal advice in your case. Please consult with a licensed Georgia attorney before making any legal decisions in your case.