Administrative License Suspension (ALS) Hearings
Have you been recently arrested for D.U.I? Have you received a notice that your driver’s license has been suspended? Be advised that the Department of Driver Services (DDS) has sought to wrongfully suspend some of Georgia’s drivers licenses based on computer and court errors. You only have 10 days to request an administrative license suspension hearing. Failure to do so may result in the suspension of your driver's license for one year or more.
We have the experience to represent you in a Administrative License Suspension hearing. Call us today at 770-889-2522
Successful DUI License Suspension Case Examples:
- DUI Charges Dismissed. Client (S.H.) was stopped for driving 19 MPH in a 45 MPH zone. The Forsyth County Officer stated that Client failed all the field sobriety tests and arrested her for DUI. Client registered a .115 on the breath test at the jail. Additionally, suspected cocaine was also found in Client’s property at the jail. Client was charged with possession of cocaine and DUI. Attorney Parker McFarland filed a motion to suppress challenging the legality of the stop of Client’s vehicle. Prior to the pre-trial hearing, the District Attorney conceded that the stop of Client’s vehicle was unlawful and dismissed all the charges.
- DUI Acquittal: After a single vehicle accident, Client (F.B.) was arrested by City of Cumming Police Officers for a second DUI within a five year period and failure to maintain lane. Client registered an invalid sample and then a .175 on the breath test at the jail. Attorney Parker McFarland filed a motion to suppress the breath test result because the officer only waited 11 minutes before retesting Client after the invalid sample and the law required 20 minutes to pass before retesting following an invalid sample. At the hearing on the motion to suppress in Forsyth County State Court, the State conceded that the breath test should be suppressed and it was. Despite evidence at the jury trial of Client’s previous DUI conviction, 22 open containers, slurred speech, bloodshot/glassy eyes, unsteadiness, and a strong odor of alcohol, the jury found Client “not guilty” of DUI in about 30 minutes.
- DUI Charges Dismissed: Client (P.H.) was stopped for driving without headlights at 6:06 a.m. in Atlanta and was arrested for DUI. At the jail, Client registered a .093 on the breath test. Attorney Parker McFarland filed a motion to suppress the breath test and contended there was not enough probable cause for a DUI arrest. The State’s evidence at the suppression hearing in Fulton County State Court was that Client was driving without headlights, had a strong odor of alcohol, bloodshot eyes, six out of six clues on the HGN eye test, and two clues out of four on the one leg stand for swaying and raising Client’s hands (both were considered failed field sobriety tests). Attorney Parker McFarland presented a certified copy of the official sunrise time of 6:27 a.m. thus proving that Client was legally driving without headlights since he was within the 30 minute grace window. Attorney Parker McFarland showed that the police officer did not perform the HGN test correctly and the videotape did not support the officer’s scoring of the one leg stand. The Judge granted the motion to suppress the breath test results and Attorney Parker McFarland’s subsequent motion to dismiss all of the charges.
- DUI Charges Reduced: Attorney Parker McFarland has obtained numerous reductions of DUI charges to reckless driving in which the Client refused to submit to a breath or blood test. Additionally, Attorney Parker McFarland has successfully negotiated a reduction of the DUI charge to reckless driving with the following breath test results from separate cases in Forsyth County, City of Cumming, Dawson County, Lumpkin County, City of Dahlonega, City of Atlanta, City of Braselton, and Gwinnett County: .080, .084, .093, .093, .099, .100, .117, .177, .187, .188, and .206.
- DUI Acquittal: Client (R.B.) was charged with DUI in Hall County State Court. The State’s evidence was that Client was involved in a “head on” collision, had a strong odor of alcohol, bloodshot, glassy eyes, slurred speech, that he admitted to having an open container of liquor, that he refused a breath test, and that he admitted to drinking a beer at 9 a.m. Attorney Parker McFarland hired a medical doctor who gave expert testimony that a shot of morphine at the hospital likely caused the slurred speech and that a “head on” collision can cause symptoms associated with impairment such as bloodshot, glassy eyes, and slurred speech. The jury returned a verdict of “not guilty” to DUI.
- Administrative License Suspension Reversed/DUI Charge Reduced: Client (J.W.) went through a roadblock in White County. The officer observed a strong odor of alcohol, slow and slurred speech, bloodshot and watery eyes, and that Client leaned on his vehicle for support. Client, who had five prior DUI arrests, refused all field sobriety tests and the state administered breath test and fell asleep before he was transported to the jail. Attorney Parker McFarland represented Client at the administrative license suspension hearing. The judge agreed with Parker McFarland that the Department of Driver Services failed to prove that the roadblock was Constitutional and reversed Client’s license suspension. Afterwards, the prosecutor in White County Probate Court agreed to reduce the DUI charge to reckless driving.
- DUI & Drug Charges Dismissed/Administrative License Suspension Reversed: Client (J.F.) was 20 years old, had a prior DUI, and was on felony probation for possession of marijuana with intent to distribute. Client ran a red light and caused a three vehicle wreck. A search of Client’s vehicle yielded two ounces of marijuana and $1,500 in cash. A breath test showed that Client was twice the legal limit (.02) at .041. Client was charged with possession of marijuana with intent to distribute, two counts of DUI, red light violation, and underage consumption by the City of Cumming police officer. Attorney Parker McFarland represented Client at the license suspension hearing and convinced the judge that there was insufficient probable cause for the DUI arrest; therefore, Client’s administrative license suspension was reversed. Attorney Parker McFarland filed a motion to suppress all the evidence in Forsyth County Superior Court based on the illegal arrest. Prior to the hearing, the District Attorney agreed that the arrest was invalid; therefore, all resulting evidence was inadmissible. All criminal charges were dismissed. Client’s probation was not revoked and he got his $1,500 back.
|
|