Breath Refusal Two-Car Accident – State V. F.A.

Defendant completed her lunch shift as a server at a popular local restaurant, and stayed afterward to have a drink. On her way home, it began to rain and she was unable to stop in time for a car in front of her waiting to turn left.

She explained to the officer that the odor of alcohol was from her job, and expressed her concern about the occupants of the other vehicle rather than the officer’s requests to perform roadside sobriety tests.

The officer became frustrated with her and summarily arrested her when she began to ask questions about the breath test the officer demanded. The charges were reduced to Reckless Driving prior to trial when the prosecutor observed the angry demeanor of the police officer at a pre-trial evidence hearing.

Police and prosecutors may not tell you that you have rights after your arrest and in the days leading up to trial. That’s why you need a Fulton County DUI attorney on your side.

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Hawkins Spizman

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