2/15/2005 - Posted by:
Allen M. Trapp, Jr., P.C.
Phone: 800-564-6728
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Client arrested on basis of anonymous tip failed sobriety test. Motion to dismiss granted...
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STATE v. C.W. (Superior Court of Haralson County)
Our client was arrested just outside Tallapoosa after a Georgia State Patrol officer stopped him on the basis of what sounded like an anonymous tip. He did not do well on the field sobriety tests, and his breath test result was well above the legal limit. We filed two motions - one challenging the stop and the other challenging the admissibility of the breath test because the Division of Forensic Sciences has failed to issue approved methods for the administration of breath tests. The prosecutor dismissed the case one week before the scheduled hearing date.
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