STATE v. D.W (Superior Court of Paulding County)

The Defendant had played golf in Kentucky most of the day and was driving home through rural Paulding County when he was stopped and arrested for driving under the influence by a deputy on Highway 61 near Dallas, Georgia.

A videotape clearly showed that he vomited and pointed at his mouth less than a minute before taking a breath test. The officer claimed that he stuck his finger down his throat, which the video decisively disproved. We filed motions in limine challenging the admissibility of the breath test, which were not heard by the Court prior to trial.

The case was complicated by the fact that the client requested an independent blood test and was taken to a local hospital, where blood was drawn but never tested because a clerk did not properly complete some paperwork. Two hospital employees were available to testify that the client did not appear to be under the influence and was even able to recite his wife’s Social Security number. In any event, less than a week before the scheduled trial date, the prosecutor, perhaps appreciating the weaknesses in the case, dismissed the charges. While we like courtroom wins, this result was just as good as a “not guilty” verdict for our client.