Client was driving his vehicle at night and forgot to turn on his headlights. He was stopped by a police officer. The officer said he smelled alcohol on the client.
The client was told to exit the vehicle.
The client tested positive for alcohol on the portable breath test. The officer then performed the horizontal gaze nystagmus test on the client. The officer said the client had 4 of 6 clues on the HGN test. The client then performed the walk and turn test and the officer said he observed 4 of 8 clues.
The client then performed the one leg stand test and the officer observed 1 of 4 clues. The client was then arrested for DUI. The client took the state administered breath test. The client was under the legal limit of 0.08 grams. The State moved forward with a DUI less safe charge.
Attorney Blevins was able to show the State that the Client could not have scored the clues the officer observed based on the Client’s breath test results. The State then agreed to dismiss the DUI charge against the client.
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.