Atlanta Attorney Wins Clients Not Guilt Verdicts in DUI Cases
Two of Schiavone Law Group biggest wins this year were Not Guilty verdicts in DUI jury trials. In February 2013, Ashley Schiavone P.C. won a DUI Less Safe jury trial in Fulton County. In this case, the client was stopped at a roadblock and asked to complete field sobriety tests. It was after these tests that the client ended up being arrested for DUI. Ashley Schiavone zealously disputed the validity of the roadblock despite the judge ultimately ruling that the stop was constitutional. In the course of the jury trial, Ashley challenged the cogency of field sobriety and raised reasonable doubt as to the client’s degree of inebriation. After a one day jury trial and ten minutes of deliberation, the jury returned a verdict of Not Guilty. The client was ecstatic with the outcome and even referred new business to the firm after the victory.
September 2013, Schiavone Law Group won a two-day jury trial for DUI Less Safe and Open Container in Gwinnett County. In this particular case the client was stopped at a roadblock with an open container of alcohol in visible sight. Field sobriety tests were performed. Later, after being arrested for DUI, the Defendant attempted to give a breath sample but instead, blew an inadequate sample into the Intoxilyzer 5000. During a two-day jury trial, Ashley Schiavone, highlighted the lack of “bad driving evidence” in cases that arise out of a roadblock/checkpoint. Ashley efficaciously cross examined the arresting officer and got him to admit that poor execution of a field sobriety test does not always demonstrate intoxication. The jury brought back a verdict of Not Guilty.
Schiavone Law Group also had tremendous success this year at the pre-trial level in two more cases. In the first of these after preparing for an anticipated 2-day jury trial for a Simple Assault charge in which the client adamantly maintained his innocence, Ashley Schiavone was able to work out a fantastic resolution. In return for a small court fine of $200, all charges were dismissed and expunged from the client’s criminal record. The client was relieved, happy and appreciative of her efforts.
In another case by Ashley Schiavone PC, she extensively focused legal research and advocacy earned the client an entire dismissal of all charges at the pre-trial level. After evaluating the client’s arrest for possession of marijuana, it was clear that the original stop of the client lacked the necessary reasonable and articulable suspicion for a valid detention and arrest. Further evaluation of the case also showed that the search and seizure of the client was deemed improper under the law. After a two hour Motion to Suppress hearing, in which Ashley Schiavone argued the law to the judge, the Motion to Suppress all evidence was granted and the entire case was dismissed. The client’s response to the win was, “I knew from the beginning that the Schiavone Law Group would get the job done and I never doubted their ability to win the case”.
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by: Lawrence Mease