Man Convicted of DUI in Georgia Appealing to Supreme Court

Posted by Richard Lawson | Dec 14, 2018 | 0 Comments

Gregory Claude Adams is appealing to the Georgia Supreme Court, asking the court to determine that an earlier agreement to plead guilty to driving under the influence (DUI) should not have been admitted during trial after he had changed his plea.

The case began when Adams' car hit an embankment after swerving to avoid another car, which had stopped in order to turn left. A Georgia State Patrol trooper smelled alcohol when the trooper approached the vehicle and observed that Adams' eyes were bloodshot as well. The encounter occurred on July 2, 2016.

The trooper arrested Adams for DUI. Adams was read the "implied consent" notice concerning submission to the breath test. Adams refused to consent to the breath test. As part of the administrative license hearing to suspend his license, Adams agreed to plead guilty to DUI instead of losing his ability to drive.

Adams later changed his mind about pleading guilty, and the case went to trial. At the trial, evidence of the prior agreement was admitted into evidence. Adams was convicted in Hall County State Court in May of 2017 on charges of DUIfollowing too closely, and failure to maintain lane.

Adams appealed his case to the Georgia Court of Appeals, but that Court upheld the ruling of the lower court. At the Supreme Court, Adams is likely to argue that the evidence of the prior agreement to plead guilty had an undue influence on his conviction, and that admission of that evidence was more prejudicial than probative.

Appealing Your DUI Conviction

If you are convicted of DUI in Georgia, it does not have to be the end of the battle to protect your rights. With the help of an experienced Georgia DUI attorney, you can file a motion for a new trial or an appeal to seek to overturn your conviction.

Motions for New Trial

When a jury verdict is against the manifest weight of the evidence or contrary to principles of law, a motion for a new trial may be filed. This motion seeks a new trial based on

  • improper jury selection,
  • admissibility questions as to material evidence,
  • failure to suppress evidence,
  • prosecutorial misconduct, or
  • many other reasons.

Filing an Appeal

Filing an appeal does not ask for a new trial, but rather challenges the proceedings which occurred at trial. One of the most important things to understand about filing an appeal is the time limits. You must file an appeal within 30 days of the entry of judgment of your conviction, or you may no longer file an appeal. This time limit requirement can be met by filing either a motion for a new trial or a notice of appeal.

Consult a Georgia DUI Defense Attorney

If you or someone you care for faces DUI charges or has already been convicted of DUI, an attorney who understands motions for new trials and appeals could be critical to your defense.

An experienced Georgia DUI defense attorney can protect your constitutional rights and defend your case. Contact us today for a free consultation.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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