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Another DUI Reduced to Reckless Driving

Posted by Robert F. Webb | Oct 16, 2018 | 0 Comments

My client ran into a concrete barrier on I-75 went going home after watching a game at a bar. He admitted drinking. Arresting officer that him that "you have to voluntarily submit to field sobriety evaluations." By using the words "have to" in his statement the officer improperly made the FSTs mandatory instead of voluntary resulting in the exclusion of the FSTs evidence from evidence. State agreed to amended the charge from DUI to reckless driving.

About the Author

Robert F. Webb

Graduated from Emory School of Law in 1978. Former Cobb County, GA prosecutor, County Attorney for Cobb County Government, instructor at the North GA Police Academy. Tried cases in many counties throughout Georgia and in Federal courts in the southeast.

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