Happy New Year! We are excited to see what 2017 brings and want to take a moment to celebrate 2016’s successes. Most of Ashley Schiavone’s biggest wins were accomplished before the dui cases even went to trial. Both resulted in a dismissal of the DUI charge.
In one case, the client was pulled over for Improper U-turn and Improper Stopping. After officers observed alleged manifestations of DUI, client was arrested for DUI Less Safe. At a Motion to Suppress and Dismiss, Ashley vigorously argued a lack of probable cause to arrest and sustain the case. The judge agreed and the DUI charge was dismissed before going to trial.
In another case, the defendant was pulled over for no headlights and subsequently charged with DUI Less Safe and DUI Per Se (.120 breath test). Ashley filed a motion to suppress and dismiss the case based on a lack of probable cause for arrest and invalid consent to search under the 4th Amendment and the most recent Georgia Supreme Court case of Williams v. State. After testimony and evidence from both the State and the Defense, the judge suppressed all evidence following the illegal arrest based upon a lack of probable cause, declining to reach the 4th Amendment issue because his probable cause ruling made it unnecessary. After the hearing, the State dropped the DUI charge entirely.
Hire a Lawyer as Soon as Possible
These wins are a reminder of how important it is to hire a lawyer as soon as possible. If you are charged with a DUI and hire a lawyer immediately, they can begin to negotiations with the Prosecutor and deals can be made early in the case. If a deal is not made early on, wins are also accomplished down the road by litigating the case and arguing the specific laws and case law that may be applicable to the specific facts of each arrest. Often times, the right set of facts and case law can challenge reasonable articulable suspicion and probable cause for the arrest.
If you prevail on these, and other issues, you can be granted suppression of evidence, such as a breath, blood or urine test. The best case scenario: you can have the case completely dismissed.
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