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Georgia DUI Case Law
​Updates and News

William S. Hardman, Jr.
​Attorney at Law

DUI Reduced to Reckless Driving: Fulton County State Court

3/14/2016

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Client was charged with failure to maintain lane and DUI less safe.  Client was sitting in her car during a large storm on the side of the road in Fulton County when officers approached to ask why she was stopped on the side of the roadway. Officers claimed that there had been a report of driver failing to maintain lane earlier in the evening. Client refused to perform the voluntary field sobriety evaluations due to the fact that it was pouring rain. Officers claimed they noticed an odor of an alcoholic beverage. There were no other manifestations of impairment shown in the arrest video of client. Attorney was told by the police department that the officer was no longer employed in Fulton County.  After obtaining the officer's training and employment records, attorney determined that the officer was employed in Fulton County and in the same position as he was on the night of arrest.  Through his investigation attorney determined that the only offer of proof that client had been driving erratically at any time was the statement of a third party witness.  No law enforcement had witnessed client driving at any time.  The elements of the offense of driving under the influence in Georgia is that the State must prove beyond a reasonable doubt that the accused was less safe (or had a blood alcohol level of .08 grams or more) to drive because of their consumption of alcohol and in actual physical control of a moving vehicle within three hours after such consumption. After a pre-trial conference with the prosecutor to explain all of the difficulties in proving the State's case, client's charge was reduced to one count of reckless driving and the failure to maintain lane charge was dismissed.  Once the fine is paid and the other conditions of the sentence are completed client's probation terminates and the case is over. This case was handled by Attorney Bill Hardman.  

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William S. Hardman, Jr., P.C.
210 Washington Street, NW, Suite 104
P. O. Box 438 
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Phone 770-530-1164
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Email: Bill@HardmanLawyer.com​

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.
 
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  • Home
  • DUI Cases In Georgia
  • Do I need a 30-Day Letter in my DUI Case?
  • Contact
  • Where is your case?
    • Enter the location of your case
    • Athens DUI Lawyer
    • Atlanta DUI Lawyer
    • Banks County DUI Lawyer
    • Barrow County DUI Lawyer
    • Blue Ridge DUI Lawyer
    • Buford DUI Lawyer
    • Clayton County DUI Lawyer
    • Clayton Georgia DUI Lawyer
    • Cleveland GA DUI Lawyer
    • Cobb County DUI Lawyer
    • Cumming DUI Lawyer
    • Dahlonega DUI Lawyer
    • Dekalb County DUI Lawyer
    • Flowery Branch DUI Lawyer
    • Fulton County DUI Lawyer
    • Duluth DUI Lawyer
    • Gainesville DUI Lawyer
    • Gwinnett County DUI Lawyer
    • Lawrenceville DUI Lawyer
    • Newnan DUI Lawyer
    • Oakwood DUI Lawyer
    • Smyrna DUI Lawyer
    • Rabun County DUI Lawyer
    • Roswell DUI Lawyer
    • Statham DUI Lawyer
    • Suwannee DUI Lawyer
    • Winder DUI Lawyer
  • Ask Us About Your DUI Case
    • Confidential DUI Online Inquiry Form
  • Traffic tickets
    • Check My Georgia Driver's License Now
    • Traffic tickets and points on your license
    • Case Inquiry Form
    • Speeding tickets
  • Is my Georgia Driver's License suspended now?
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  • City or County of DUI arrest
  • About