Breath Refusal Speeding Stop – State V. S.A.

Defendant was stopped for speeding 72 in a 55 MPH zone. The officer testified that he smelled alcohol when he spoke to Defendant. 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 breath test. Defendant asked to speak with a lawyer before deciding whether to submit to the test. The arresting officer advised Defendant that he did not have the right to a lawyer at that time and Defendant refused to take the test.

Defendant testified at trial that he would have taken the test if he had been able to speak with a lawyer to find out what his rights were. On questioning by the prosecutor, Defendant admitted he had four beers at a sports bar earlier that night. The jury found the Defendant Not Guilty of DUI and Guilty of Speeding.

Regardless of the circumstances of your DUI arrest, having an experienced Georgia DUI attorney can make a difference in sentencing and other outcomes.

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Hawkins Spizman

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