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Posted by on Sep 29, 2014 in Uncategorized | 0 comments

Motion to Suppress all the Evidence Granted in DUI Case.

All the evidence collected by the Gwinnett County Police Department in a DUI case against our client was suppressed by a Gwinnett County Judge. The police officer pulled over our client and conducted standard field sobriety tests on him. It had just rained and our client just had spine surgery a couple of months earlier. The Gwinnett County police officer arrested our client and charged him with DUI. Following the arrest, our client blew over a 0.10 on the Intoxilyzer 5000.

Using the knowledge and experience he garnered years as a scientist, Attorney Akins Doherty evaluated the case and noticed that the arresting officer did not follow the required procedure when he conducted the standard field sobriety tests and when he read our client the implied consent notice. Attorney Akins Doherty thereafter filed a motion to suppress all the evidence, including all the evidence of the standard field sobriety tests and the blood alcohol result.

During the hearing, a cross examination of the arresting officer revealed the officer’s incompetence in conducting standard field sobriety tests and his failure to follow standard protocol during the tests he conducted on our client. In addition, the evidence showed that the floor at the time of the arrest was slippery and that our client’s spine surgery prevented him from being able to properly perform the test. Evidence also showed that the arresting officer did not properly read our client the implied consent notice. Attorney Akins Doherty argued that the officer’s failure to follow the required protocol compromised the results of the standard field sobriety tests.

After viewing the evidence, the judge sided with us and suppressed all the results of the field sobriety tests and blood alcohol result.

 

Attorney Akins Doherty occasionally handles DUI cases because it allows him to use his scientific expertise in holding prosecutors in DUI cases to the highest burden required by law. This involves evaluating each case and making sure that arresting officers follow the scientific protocol required of them when they perform standard field sobriety tests and when they measure the blood alcohol level using the Intoxilyzer 5000, as well as making sure arresting officers comply with the law each and every time an arrest is made or individual liberties and freedom are at stake. As a former scientist, I understand the science in “DUI Science” ¬†and I am¬†properly positioned to expose any arresting officer–either during a motion hearing or at trial–who fails to do his job properly. This helps to protect the rights of citizens afforded to us by both the U.S. and Georgia Constitutions.