State of Georgia V. N.A.

Fulton County State Court

For this case, we received a complete dismissal for our client for a DUI charge, Failure to Change Address or Name on Driver’s License based on a plea in bar. This case illustrates the importance of understanding the law with regard to the amendment of charging instruments. The State attempted to substantially alter the charging document after the expiration of the statute of limitations, and we successfully ended the prosecution as a result of that action.

Our client was observed at a bar where after eating and drinking, he got into his vehicle to drive home. The officer called by the complainant was called to perform a DUI investigation. Upon completion of field evaluations a preliminary breath screening was conducted, for which the client showed .143.  Our client refused the state-administered breath test.