The state dropped two different drug cases against the same client after Amanda R. Gaddis filed Motions to Suppress challenging the illegal stops after police violated the client’s Fourth Amendment constitutional rights against unreasonable search and seizure.

In the first case, the client was stopped by Woodstock Police Department for “circling a parking lot” and allegedly running a stop sign.  A review of the videotape, however, revealed that the client did in fact stop at the sign. After the client was illegally stopped, police searched her car and arrested her for possession of marijuana. In addition, prior to trial, the state was unable to produce a test showing that the items seized from her were in fact marijuana because the evidence was destroyed prior to being tested. After filing motions challenging both, the state agreed that the case would not survive a Motion to Suppress. All charges against the client were dismissed.

One month after the first stop, the client was stopped again by the same department. Again, the police officer had no reason to stop the car–she was merely pulling out of a parking lot late at night which is not a crime or even suspicion of a crime according to Georgia law or laws interpreting the United States Constitution. Officers observed no illegal activity or traffic violations before stopping and searching the vehicle. Because law enforcement violated the client’s constitutional rights, the state again agreed the case would not survive a Motion to Suppress and they chose to dismiss the case entirely as well.

Because  the Law Office of Gregory Hicks advocated for the client’s constitutional rights, the client maintains a clean criminal record.

All charges against the client were dismissed after illegal stop by City of Woodstock Police.

State dismisses case entirely, Law Office of Gregory Hicks maintains client's clean record

Gregory A. Hicks secured a dismissal of a felony drug charge for Possession of Marijuana with Intent to Distribute in Cobb County Superior Court. The client had a very small amount of marijuana in his possession but Cobb County Police charged him with felony intent to distribute because the marijuana was in separate bags. Gregory A. Hicks was insistent that his client was not guilty of a felony based on the evidence but the state declined to dismiss the felony drug charges several times prior to trial. After being called for trial and immediately prior to bringing in a jury, the district attorney “re-evaluated the evidence” and agreed with Mr. Hicks and dismissed the felony drug charges.

Gregory A. Hicks secured dismissals of DUI less safe and DUI drug charges in the State Court of Cherokee County in April 2011. Mr. Hicks’s client was arrested in his own driveway for DUI. The client submitted to the State administered test of his breath (the “intox” test) and registered .078–BELOW the legal limit in Georgia. Despite his low intox result, and despite the absence of any “less safe driving”, deputies with the Cherokee County Sheriff’s Office charged the client with DUI Less Safe.

Mr. Hicks was able to obtain the dismissals on the day the case was called in for trial. After reviewing the evidence, Mr. Hicks discovered that the officers improperly administered the Field Sobriety Tests–making the client submit to tests that he was physically incapable of doing correctly. The officers also improperly read implied consent to Mr. Hicks’s client. The deputies read implied consent prior to placing the client under arrest which is strictly prohibited under Georgia DUI law. Mr. Hicks filed motions to have this improper evidence excluded from trial. After filing motions and discussing with the prosecutors, the state agreed to dismiss the DUI charges against the client without the need for trials or motions. Because of Mr. Hicks’s knowledge and expertise of DUI law in Georgia, his client avoided jail time, an expensive fine and the harsh consequences of a DUI conviction.