STANDARDIZED FIELD SOBRIETY TESTING
A former prosecutor and judge, attorney Alan J. Levine is certified in DWI / DUI Detection & Standardized Field Sobriety Testing per the National Highway and Traffic Safety Agency curriculum and standards. He learned these procedures and skills from former DUI Task Force professionals. So, Alan knows how to perform the same evaluations given by the officer who may have arrested you, or a loved one, during a DUI investigation including the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tasks.
And guess what? Officers often make mistakes when giving these evaluations.
Now the prosecutor will try to minimize any mistakes made by the officer, while at the same time pointing out each and every mistake you may have made. But police errors are NOT trivial. And your mistakes need not be fatal - or even admissible. Knowing what to look for during a thorough analysis of the arresting officer's investigation can mean the difference between a DUI conviction versus a much better outcome.
GREAT RESULTS ALL OVER GEORGIA
DUI AND HIT & RUN CHARGES DISMISSED: In a case that began in the City of Kennesaw Municipal Court, our client's sister called as soon as the arrest for a DUI and Hit and Run occurred. The sister reported that there was concern our client's drink had been spiked by the date rape drug, Gamma Hydroxybutyrate (GHB). Attorney Alan Levine responded that as soon as she was released from jail, the young woman who suspected she'd been poisoned must immediately go the hospital and get her blood tested. Sure enough, her blood test showed indicators of GHB poisoning.
We took the affidavits of two emergency room doctors from Wellstar Kennestone Hospital and submitted them to the prosecuting attorney, along with our client's medical records. But the city prosecutor was not amenable to dismissing the case. Therefore, we demanded a jury trial and moved the case up to the State Court of Cobb County in Marietta, Georgia. We showed our evidence to the Solicitor General and, rather than subjecting our client to the stress and additional cost of a jury trial, all charges were dismissed before the case was even accused. Without instructing our client to go get that blood test, there would not have been the needed evidence to secure a dismissal. Additionally, our client's record will be expunged.
FELONY DRUG CHARGE REDUCED TO MISDEMEANOR POSSESSION: We took a case in Cobb County Superior Court for the felony level drug charge of trafficking. We believed our client was being severely overcharged given the facts of the case. After much hard work, we were able to convince a fair-minded prosecutor to see the case our way. The result? Our client plead to a misdemeanor marijuana possession charge which was wrapped up as a package deal with his probation revocation. He'll be released from the Cobb County Adult Detention Center soon to be with his wife and child.
ADMINSITRATIVE LICENSE SUSPENSION (ALS) LIFTED: In a case out of Bartow County, Cartersville, Georgia, our client was facing an Implied Consent suspension of their driving privileges based on the allegation they had not submitted to the State test of their breath, blood, urine or other bodily substance. The arresting officer gave him a Department of Driver Services Form 1205 (DDS 1205) as a temporary license, and then sent his regular, hard plastic, Class C Georgia Driver's License to the Department of Driver Services (DDS) to be suspended. Our client faced a year-long suspension of their driving privileges. We appealed the suspension request, obtained a hearing, and proactively reached out to the officer to negotiate a resolution of the suspension. The officer agreed to our request, and the Administrative Law Judge (ALJ) at the Office of State Administrative Hearings (OSAH) granted our motion to rescind. Thus, our client, without agreeing to plead to any particular charge, has no suspension of any type (no Ignition Interlock Device, no Limited Permit), and gets to keep driving.
DUI Less Safe Reduced to NO POINT VIOLATION with NO PROBATION: In a case that started in Kennesaw Municipal Court in Cobb County, we moved the matter to Cobb County State Court, Marietta, Georgia. While our client may have been intoxicated, there was no proof via a test of her blood, breath, urine or other bodily substance. What we were able to show was that the reason for the initial stop of our client was suspect - the officer alleged an improper use of her vehicle's horn and failure to maintain lane. By the time we were through, we had the case reduced to a zero-point, Basic Rules / Too Fast for Conditions ticket with no fine, no jail time, and early termination of probation. Which, because our client took our advice and completed several tasks, means she will not have any probation. This case took a long time to work out. But we never stopped working for our client.
DUI Less Safe Reduced / No Probation: In another case handled in Cobb County State Court, Marietta, Georgia, our client faced a DUI Less Safe charge, meaning the State didn't have evidence of his Blood Alcohol Content (BAC) being over 0.08. But the arresting officers still believed our client, who had just left a party, had driven in a manner indicating intoxication. After he was stopped, our terrified client submitted to the standardized Field Sobriety Tests (FSTs). After being hired, we fly-specked the police videos and reports for issues. Finding problems, we persuaded a fair-minded prosecutor that enough doubt about the case existed to warrant a reduction in my client's charge. And, as our client is a young professional, we convinced both the prosecutor and judge to allow our client's probation sentence to terminate upon satisfaction of all agreed upon terms. Which, following our advice, they'd done before even entering a plea. Though being arrested for a DUI is no fun at all, in the end, our client had a good day in court.
ANOTHER ALS DENIED: In a case out of Smyrna, Georgia, in Cobb County, our client was facing a suspension of their driving privileges based on the allegation their Blood Alcohol Content (BAC) when arrested was over 0.08 g / 100 mL. Although our client had never been arrested before, and was totally polite and compliant with the officer's instructions, the officer took her license. He gave her a DDS 1205 as a temporary license, and then sent her regular, hard plastic, Class C Georgia Driver's License to the Department of Driver Services (DDS) to be suspended. We appealed the suspension request, obtained a hearing, and our motion to rescind the officer's petition was granted. Thus, our client has no suspension of any type (no Ignition Interlock Device, no Limited Permit), and gets to keep driving wherever she likes, whenever she likes. Oh, and we'll get them a refund for the money paid to request a hearing in the first place!
Who's Your Attorney?
But how do you find the right defense attorney for you? Do I want your business and the opportunity to represent you? Absolutely. Is our firm right for you. Maybe yes, maybe no. Experience and knowledge matter. I have that. Hopefully, all of the lawyers you're considering have that. But finding an attorney who listens to you, who understands you, who ‘gets you,' is important. Finding someone you trust implicitly, who you know has your best interest at heart, is crucial. Because for the next several months, and possibly longer, you and your defense attorney are going to be a team.
Get To Know Your Lawyer
So take the time to really interview and get to know the potential candidates looking to earn your business. As for me? Call or email me to set up a time for a free, no obligation consultation. Let's meet face to face and discuss your situation. This is an important decision - finding the right person to fight for your rights, defend your reputation, and help you get your life back. I look forward to meeting with you. I look forward to the possibility and privilege of being your lawyer.
Alan J. Levine, Esq.