State v. PS
The client was stopped for speeding on the interstate and submitted to field sobriety tests that he failed and refused to take the State breath test. The DUI charge was reduced to Reckless Driving after it was determined that the officer did not comply with the NHTSA procedures for administering field sobriety evaluations and had left his emergency lights on during the horizontal gaze nystagmus test and gave inadequate instructions for the one leg stand and walk and turn tests. Unlike most courts, this Georgia Trial Court held the State to the correct standard for field sobriety testing. Most Georgia Courts do not hold the State of Georgia to their own standards.
Practice area(s): DUI / DWI