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.