Breath Refusal Hit & Run – State V. J.D.

The Sandy Springs police stopped defendant after a Be On the Look Out was dispatched for his SUV. It was reported that he had struck several cars when leaving a shopping center parking lot in Dunwoody.

After he refused to submit to field sobriety tests, he was arrested and placed in the back of the patrol car. On the video/audio tape of the arrest, the police officer could be heard calling his sergeant and expressing his concern about whether there was probable cause to arrest him.

Hawkins attorneys played that portion of the tape for the prosecutor and she agreed to dismiss the DUI. Despite the Defendant having a prior DUI conviction, the State had too many problems with the probable cause issue to press forward.

An experienced team of Sandy Springs DUI lawyers can analyze every aspect of case to find holes in a prosecutor’s argument. Often, this is the difference between success and failure.

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Hawkins Spizman

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