Evidence of Spiked Drink
State Court of Cobb County, Georgia - 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 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 State Court 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.
Practice area(s): DUI / DWI
Court: Cobb County State Court