Successful DUI Defenses by Schiavone Law Group
A good DUI lawyer knows that there are a variety of different legal issues that can arise in any driving under the influence case. Often times, the battle can be won before trial during pre-trial motions. This summer, Schiavone Law has had some great success during this stage of the process.
Earlier this summer in Dekalb County State Court, Ashley Schiavone argued the law in a .120 breath test case. 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.
In Gwinnett County State Court, Ashley again argued the law in a .149 breath test case. After filing a motion to suppress all statements, field sobriety evaluations, and the breath test , a hearing was set to determine issues of custody,and consent to search under the 4th Amendment and Williams v. State. Testimony from both the State and defense in this case, rendered conflicting evidence as to whether or not the defendant was pulled from her vehicle after being stopped in Gwinnett County for speeding. Ashley argued that a show of force puts the defendant into custody and places them in a position where they do not feel free to leave. Without proper Miranda warnings when a Defendant is in custody, Ashley argued that all statements made by the defendant and all field sobriety evaluations should be suppressed under the United States and Georgia Constitution. The judge agreed, finding that the defendant WAS placed in custody without Miranda warnings, and suppressed all statements and field evidence.
In Hall County State Court, Ashley filed a motion to suppress and dismiss a one-car accident, Refusal DUI case based upon a lack of probable cause to arrest. The State, agreeing with Ashley on her argument, offered to reduce the DUI to a lesser charge of Reckless Driving before the hearing even began.
If you are charged with a DUI, you may have similar legal issues that can win your case pre-trial. Contact Schiavone Law today for more information and let us help you navigate these legal waters!
Want to read more? Check out our post on Common Language Used in the Courtroom.