Client was stopped for failing to maintain her lane by a police officer.
The officer approached her vehicle and smelled alcohol coming from the client.
The client did field sobriety tests which consisted of the horizontal gaze nystagmus test; walk and turn test and the one leg stand test. The client also took a portable breath test on the side of road which showed positive for alcohol. The client was arrested for DUI. The officer read the implied consent notice and the client agreed to take the state administered breath test on the Intoxylizer 9000. The client registered over the legal limit of .08 grams.
Attorney Blevins attacked the breath test results by filing a motion to suppress. A hearing was held in court. The State used the officer and the director of the GBI division of Forensic Science to show the breath test results were valid. Attorney Blevins was able to cross examine the state’s witnesses and present his own expert witness. The Court granted Attorney Blevins’ motion and suppressed the breath test results. The State reduced the DUI to a reckless driving.
Client was very happy.
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About Attorney Richard Blevins
Attorney Richard Blevins is a former Cobb County Assistant District Attorney and Assistant Solicitor General. He is a part-time criminal justice instructor at Chattahoochee Technical College in Marietta, Georgia.
He graduated third in his class at the DeKalb County Police Academy and achieved an intermediate certification from Georgia’s Peace Officer Standards & Training Council.
Attorney Richard Blevins was a former Detective with the Baldwin County Sheriff’s Office, a former Police Officer with the Milledgeville Police Department and the DeKalb County Police Department.
He also is veteran of the United States Army where he was a soldier in the Military Police Corps stationed overseas. Read more.