Our Firm's Recent Victories

At The Law Offices of Howard J. Weintraub, P.C., our Atlanta criminal defense and DUI lawyers have successfully represented individuals charged with a wide range of crimes. Although each case is unique and this information is a representative sampling of some of our DUI case results, they cannot necessarily predict future results or guarantee similar results for other clients. View some of our previous DUI case results below:

Our Federal case results as well as other criminal defense results are available upon request. Attorney Weintraub is available to personally share and discuss those results with you.

DUI Acquitted

Client's vehicle was observed by a Dekalb County, Georgia Police Department officer at approximately 1:50 a.m. to be speeding and failing to maintain its lane of traffic on Peachtree Road north of Phipps Plaza Shopping Center. Although Client was followed by the officer for over two miles with the police vehicle's emergency equipment (flashing blue lights and siren) being activated, Client did not stop driving his vehicle until Client came to the home of his parents. The police vehicle followed Client to the residence of Client's parents. When the officer came to the driver's side window of Client's vehicle, Client had a difficult time locating his driver's license while responding to questions from the officer. Client had a strong odor of alcohol emanating from his breath; had bloodshot and watery eyes and had slurred speech. Client exhibited 6 out of 6 clues on the Horizontal Gaze Nystagmus (HGN) field sobriety evaluation. Client became "paranoid" when the officer asked Client to perform the Walk And Turn field sobriety evaluation. Client's clothing was in a state of disarray and the officer described Client in the officer's Incident Report as being "uncooperative", "argumentative", "defiant" and "arrogant". During his encounter with the police officer, Client had lost his balance and almost fell into the officer's patrol car. Client refused to submit to a chemical analysis of his breath. (In other words, Client refused to take the breath test).

At the time of this incident, Client was a college student with two previous DUI convictions. Because of this criminal history, the prosecutor was seeking to have Client incarcerated for 120 days, should Client be found guilty of DUI. Client elected to be tried before a jury in Dekalb County State Court. After hearing all of the evidence, the jury found Client not guilty of DUI.

Case was prosecuted in Dekalb County State Court.

DUI Acquitted

Client's vehicle was pulled over at approximately 2:00 a.m. by a City of Roswell, Georgia Police Department officer for failing to maintain its lane of traffic. Client was administered three Standardized Field Sobriety tests, had bloodshot eyes, had a strong odor of alcohol and had slurred speech. Upon being placed under arrest for DUI, Client struggled with the police officer. Client submitted to the State-administered breath test which produced a blood alcohol concentration level that was .186 grams of alcohol, which is over two times the legal limit of 0.08 grams of alcohol. Client was charged with DUI and other traffic violations. Client's case was tried before a Judge sitting without a jury in Fulton County State Court. After hearing all of the evidence, the Judge found Client was not guilty of DUI.

Case was prosecuted in Fulton County State Court.

DUI Acquitted

Client's vehicle was pulled over in the early morning hours by a City of Alpharetta, Georgia Police Department officer for making an illegal u-turn by the Sage Restaurant on Haynes Bridge Road. Client was administered three Standardized Field Sobriety Tests, had bloodshot eyes, had a strong odor of alcohol, and had slurred speech. Client also incorrectly recited the alphabet. Client refused to take the State-administered breath test. Client was charged with DUI and other traffic violations. At the time of the incident Client was a single mother of two young children with a corporate job that required her to travel outside of Georgia. A conviction for DUI would have resulted in Client losing her job and Client was frightened that such a conviction could also result in the loss of the custody of her children. All negotiations with the prosecutor did not convince the prosecutor to dismiss the DUI. Client, therefore, elected to have a trial. Client's case was tried before a Judge sitting without a jury in Fulton County State Court. After several hours of hearing the evidence and the artful cross-examination by The Law Offices of Howard J. Weintraub, P.C. of the arresting police officer, the Judge stopped the trial – even before the defense presented its case – and found Client not guilty of DUI.

Case was prosecuted in Fulton County State Court.

DUI Acquitted

Client's vehicle was observed in the early morning hours travelling on Georgia 400 with its trunk hood completely upright. Client was pulled over by a City of Alpharetta, Georgia Police Department officer because of this improper driving. Client was administered three Standardized Field Sobriety Tests, had bloodshot eyes, had an odor of alcohol and had slurred speech. Client refused to take the State-administered breath test. Client was charged with DUI and other traffic violations. Client's case was tried before a jury in Fulton County State Court. After hearing all of the evidence, the jury found Client not guilty of DUI.

Case was prosecuted in Fulton County State Court.

DUI Acquitted

Client's vehicle was pulled over at 11:00 p.m. by a City of Atlanta, Georgia Police Department officer for making an improper left turn by the Fox Theatre in Atlanta. Client was administered three Standardized Field Sobriety Tests, had bloodshot eyes and had a strong odor of alcohol. Client refused to take the State-administered breath test. Client was charged with DUI and other traffic violations. Even though there were extensive negotiations between The Law Offices of Howard J. Weintraub, P.C. and the prosecutor, the Fulton County Solicitor's Office refused to dismiss the DUI case. Client's case was tried before a Judge sitting without a jury in Fulton County State Court. After hearing all of the evidence, the Judge found Client not guilty of DUI.

Case was prosecuted in Fulton County State Court.

DUI Acquitted

Client was pulled over by a City of Alpharetta, Georgia Police Department officer for making an illegal U-turn while attempting to enter onto Georgia 400. Client submitted to Standardized Field Sobriety Tests but had refused a chemical test of her breath. Client was arrested for DUI and other traffic violations. The Law Offices of Howard J. Weintraub, P.C. retained the services of an expert in Standardized Field Sobriety Testing who reviewed Client's case and determined that the arresting officer did not properly conduct the Standardized Field Sobriety Tests. At a trial before a Fulton County State Court Judge, The Law Offices of Howard J. Weintraub, P.C. presented this testimony to the Court. After deliberating upon this defense evidence, the Court acquitted Defendant of the DUI charge.

Case was prosecuted in Fulton County State Court.

DUI Acquitted

Client's vehicle was pulled over in the early morning hours by a Georgia State Patrol trooper for making an improper left turn. Client was administered three Standardized Field Sobriety Tests, had bloodshot eyes, had a strong odor of alcohol, and had slurred speech. Client refused to take the State-administered breath test. Client was charged with DUI and other traffic violations. Client's case was tried before a Judge sitting without a jury in Fulton County State Court. After hearing the evidence presented by the prosecutor and the cross-examination of the arresting trooper by The Law Offices of Howard J. Weintraub, P.C., the Judge halted the trial and found Client not guilty of DUI.

Case was prosecuted in Fulton County State Court.

DUI Dismissed

Client's vehicle initially was stopped on a Thursday morning at approximately 1:40 a.m. by a Georgia Tech Police Department officer for running a red light on Spring Street in downtown Atlanta. Upon encountering Client, the police officer claimed in his Incident Report that he had "observed a strong odor of an alcoholic beverage coming from [Client's] vehicle." The officer also wrote that he "asked [Client] if she had been drinking", to which inquiry Client "advised she [had] two drinks of vodka." The officer then advised [Client] that he "would like to perform a field sobriety evaluation on [Client] to help establish if she was under the influence [of alcohol]".

Client then was directed out of her vehicle and was asked by the officer to perform three field sobriety evaluations. The first exercise undertaken by Client was the Walk And Turn evaluation. As to the evaluation, the officer claimed that Client exhibited 2 out of the 8 clues that the officer was trained to look for: that Client lost her balance two times at the commencement of the exercise and that Client "left about six inches between each [of the eighteen] steps", rather than touching heel-to-toe as Client had been instructed to do by the officer. The second field sobriety exercise administered to Client was the One Leg Stand test. The officer wrote in his Incident Report that Client "held her left foot up for about three seconds before losing balance [and] [Client] tried again and did the same". The third field sobriety evaluation administered to Client was the alcosensor preliminary breath test and Client had tested positive for the presence of mouth alcohol.

Client was arrested for DUI, was thereafter advised of the Georgia Implied Consent Warning, and agreed to take the State administered chemical analysis of her breath on the Intoxilyzer 5000 breath machine located in the police station. Client registered .226 grams of blood alcohol concentration, measuring almost 3 times the legal limit of .080 grams of blood alcohol concentration.

The Law Offices of Howard J. Weintraub, P.C. filed a motion to suppress all the evidence and to dismiss the case against Client because the arresting officer was without any lawful jurisdiction to have stopped Client's vehicle on Spring Street. After conducting a hearing, the Judge reluctantly granted the motion to suppress and dismissed the entire case against Client.

Case was prosecuted in Fulton County State Court.

DUI Dismissed

Client's vehicle initially was stopped at approximately 4:00 a.m. by a City of Atlanta, Georgia Police Department roadblock that was set up at West Paces Ferry Road and Peachtree Street. Upon encountering Client, a police officer claimed that he observed Client to have "a very strong" odor of alcohol on her breath and Client admitted to the officer that she had been drinking. Client also exhibited other physical manifestations that police officers often claim are indicative of someone who supposedly is under the influence of alcohol, that is, the officer claimed Client had difficulty locating her driver's license, had slurred speech and bloodshot eyes and had seemed somewhat confused. After being directed out of the vehicle, Client was asked to undertake field sobriety evaluations. Client, however, refused to submit to any field sobriety tests. Client then was arrested for DUI, was advised of the Georgia Implied Consent Warning, and agreed to take the State administered chemical analysis of her breath on the Intoxilyzer 5000 breath machine located in the City of Atlanta Jail. Client registered .196 grams of blood alcohol concentration, measuring almost 2 1/2 times the legal limit of .080 grams of blood alcohol concentration. Following extensive pretrial negotiations between the prosecutor and The Law Offices of Howard J. Weintraub, P.C., Client's charge of DUI was dismissed.

Case was prosecuted in City of Atlanta Municipal Court.

DUI Dismissed

Client's vehicle was pulled over at approximately 3:00 a.m. by a City of Atlanta, Georgia Police Department officer for driving in the wrong direction on Lenox Road in the Atlanta Buckhead community. Client was administered Standardized Field Sobriety Tests, had bloodshot eyes, had a strong odor of alcohol about her person, and had slurred speech. Client fell down when exiting her vehicle. Client submitted to the State-administered breath test, which produced a blood alcohol concentration level that was almost 2.5 times the legal limit of 0.08 grams of alcohol. Client was charged with DUI and other traffic violations. After several meetings had occurred between The Law Offices of Howard J. Weintraub, P.C. and the prosecutor, Client's charge of DUI and all of her other charges were completely dismissed, as it was proven to the prosecutor how Client unknowingly had been drugged with Rohypnol (commonly referred to as the "date rape drug"), thereby causing her intoxication to be the result of an unintentional decision on the part of Client.

Case was prosecuted in City of Atlanta Municipal Court.

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