.23 Blood Test Weaving Stop – State V. J.S.

Defendant was stopped in Fulton County after he was observed crossing the centerline, nearly causing a head-on collision with a truck. 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 blood test, which resulted in a .23 blood alcohol level. At a pretrial hearing, the State could not lay the foundation for the blood test to be admitted, and the results were excluded from evidence. At a bench trial, the prosecution failed to explain the meaning of the horizontal gaze nystagmus test and the judge was not persuaded that the remaining evidence proved that the defendant was guilty beyond a reasonable doubt. The defendant was found Not Guilty of DUI and Guilty of Failure to Maintain Lane.

This case illustrates the importance of having a good Fulton County DUI attorney can dispute evidence on your behalf.

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Hawkins Spizman

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