State of Georgia V. E.H.

Washington County State Court

Our client was found asleep at the wheel of his vehicle just prior to a railroad crossing. His car was in park, but it was still running at the time that the arresting officer came upon him. No field sobriety tests were performed upon our client. However, based upon falling asleep in the roadway and smelling of alcohol, our client was arrested for DUI. After his arrest, our client agreed to submit to a test of his breath pursuant to the Implied Consent Notice. Our client’s breath test result was .083 g/210L. Our motions to suppress the arrest and breath test were denied. However, we developed significant issues at the motions hearing. Prior to the trial, the State offered to dismiss the DUI charge in exchange for a nolo contendere plea to reckless driving.

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