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FULTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Client Diabetic: Found Not Guilty of DUI

Wednesday, November 14, 2012

Client was asleep at the wheel on Jonesboro Road near I-285 East with the car in drive in the City of Atlanta, Fulton County. When the police approached his vehicle, our client was reportedly disoriented, had glassy eyes and smelled of alcohol. When prompted, the client said that he had had one beer around three hours ago. A strong odor of alcohol greeted the officer when our client stepped out of the vehicle. Our client informed the Officer that he diabetes and believed his blood sugar was low, but said that he was able to perform field sobriety tests. The cop had him state the alphabet starting at B and stopping at M. Our client began with B and ended with Z. The officer asked him to perform the test again and our client started at B and stopped at Q. The officer then had our client perform the walk and turn test, in which he was unable to step heel to toe and stumbled off the line multiple times. He was then arrested and refused any further testing.

Client was charged with DUI drugs and alcohol, DUI drugs less safe, DUI alcohol less safe, and improper stopping in Fulton County State Court. State could not prove that Defendant was not having a low blood sugar episode. Client was found not guilty of DUI alcohol less safe and guilty of improper stopping on a highway. The DUI drugs less safe and DUI drugs and alcohol charges were Nolle Prosequi (not prosecuted). He was sentenced to pay a $280 fine.







                                                       


George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from Martindale.com and a 10.0/10.0 Superb rating on Avvo.com.  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
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