Drunk Driving Cases Handled by DUI Attorney William C. Head

Case 19
State v. P.M.
Dekalb County State Court
Decatur, Georgia

At around 5:30 p.m., after a full day at work, the Defendant, P.M.,  went to Manuels’ Tavern in Midtown Atlanta for a co-worker’s going away party.  P.M., who weighed approximately 220 pounds,  estimated he had around 3 glasses of beer per hour over about a 5-hour period.  At approximately 10:30 p.m., the party split up and P.M. went alone to another bar in Ansley Mall.  Here he consumed about 3 beers.  While on his way home, on Ponce de Leon Avenue, P.M. was changing lanes to avoid a slower-than-normal car.  He was then spotted by a Dekalb County Police Officer.  At this point he was only about two-tenths of a mile from his home.  The officer pulled him over and immediately asked P.M. how much he had had to drink.  P.M. replied “Not too much.”

The officer then attempted, repeatedly, to give P.M. the roadside Alco-sensor breathalyzer test, but P.M. asked a multitude of questions regarding the calibration and the legal ramifications of that and about the field sobriety tests which the officer wanted him to take.  During the questioning P.M. asked the officer what would happen if he refused the field sobriety examinations, and the officer said “nothing”, which is not true.  As a result of the officer’s response, P.M. instead opted to not take any breath tests, but to request to take an independent blood test.  However, the officer did not take “no” for an answer.  He continued to coerce P.M. to take the field tests, asking three times for a field Breathalyzer test.

Also during this coercive detention between P.M. and the officer, P.M. asked about the Alco-sensor’s readings and how it worked.  The officer said that there was a “positive” and a “negative” reading, not numerical; and, that if it were negative it meant he would be below the legal limit.  The officer also claimed that the hand-held roadside breathalyzer “results” could not be used in court, which is a half-truth.

On the way to the Dekalb Medical Center for the blood test, the officer stopped by P.M.’s ATM so he could get the funds to pay for the blood test.  During the administration of the blood test, P.M. asked the nurse if he could have a second sample, but he was refused.  The blood alcohol content of the police officer’s blood sample (analyzed later by the Georgia Bureau of Investigation) was .13%.

From the officer’s agitation of having to answer a whirlwind of questions and taking P.M. to have an independent test, it must have slipped the officer’s mind to read the Miranda Warnings (“You have the right to remain silent, You have the right to an attorney,” etc.).  In fact, when P.M. asked to make a call, the officer said “no”, he could not make a call from jail.  Upon reaching the station, P.M. was held for 12 hours before being booked or being permitted to make a call.

In this case, there was no probable cause for making a custodial arrest for DUI (even though he could have received a ticket for a traffic offense).  This was made obvious by the officer’s need to coerce P.M. into taking the field sobriety tests and lying to him about the ramifications of a refusal.

At a pre-trial motion hearing, we proved that the officer lacked  probable cause to arrest P.M. for DUI.  No field sobriety tests supported arrest, nor were there any significant manifestations of P.M. being intoxicated.  The video, in fact, made the Defendant look far better than the officer.  P.M. merely had the smell of alcohol on his breath, and adults are permitted to drive after drinking, so long as they are not impaired.

Although we tried to subpoena the videotape several times.  The officer didn’t bring it to court.  The videotape was extremely favorable to P.M. and supported our motion to suppress.  We were also granted an order excluding the blood test.  After this ruling, P.M.’s DUI charge was dismissed entirely, and he entered a guilty plea to speeding.  This fine was $250.00.

You can read other cases by clicking below

Get a Free Evaluation of your drunk driving case Now