309 Pirkle Ferry Road, Suite B-400, Cumming, Georgia 30040
Administrative License Suspension Case Examples
Attorney Parker McFarland has successfully represented hundreds of clients at administrative license suspension hearings and had the overwhelming majority of the suspensions reversed.
Case #1: Administrative License Suspension Reversed/DUI & Drug Charges Dismissed
Client (J.F.) was 20 years old, had a prior DUI, and was on felony probation for possession of marijuana with intent to distribute. Client ran a red light and caused a three-vehicle wreck. A search of Client’s vehicle yielded two ounces of marijuana and $1,500 in cash. A breath test showed that Client was twice the legal limit (.02) at .041.
Client was charged with possession of marijuana with intent to distribute, two counts of DUI, red light violation, and underage consumption by the City of Cumming police officer.
Attorney Parker McFarland represented Client at the license suspension hearing and convinced the judge that there was insufficient probable cause for the DUI arrest; therefore, Client’s administrative license suspension was reversed.
Attorney Parker McFarland filed a motion to suppress all the evidence in Forsyth County Superior Court based on the illegal arrest. Prior to the hearing, the District Attorney agreed that the arrest was invalid; therefore, all resulting evidence was inadmissible. All criminal charges were dismissed. Client’s probation was not revoked and he got his $1,500 back.
Case #2: Administrative License Suspension Reversed/DUI Charge Reduced
Client (J.W.) went through a roadblock in White County. The officer observed a strong odor of alcohol, slow and slurred speech, bloodshot and watery eyes, and that Client leaned on his vehicle for support. Client, who had five prior DUI arrests, refused all field sobriety tests and the state administered breath test and fell asleep before he was transported to the jail.
Attorney Parker McFarland represented Client at the administrative license suspension hearing. The judge agreed with Parker McFarland that the Department of Driver Services failed to prove that the roadblock was Constitutional and reversed Client’s license suspension. Afterward, the prosecutor in White County Probate Court agreed to reduce the DUI charge to reckless driving.
Case #3: DUI Charges Reduced; Administrative License Suspension Reversed and Dismissed
Client (R.G.) was stopped by a city of Roswell police officer for failing to maintain his lane. The officer observed a strong odor of alcohol, red and glassy eyes, slurred speech. Moreover, Client failed both the one-leg stand sobriety test by putting his foot down three times and swaying, and the walk and turn sobriety test by failing to touch heel to toe, stepping off the line, and using an incorrect number of steps. Client was arrested and blew a .138 on the Intoxilyzer 5000.
Attorney Parker McFarland provided copies of Client’s medical records to the prosecutor and officer showing that he had GERD (gastro esophageal reflux disease) and ADD (attention deficit disorder). Attorney Parker McFarland explained to the prosecutor that GERD is characterized by a weak lower esophageal sphincter which causes stomach gases to move up through the esophagus, contaminating and falsely elevating the breath test results. Moreover, it was argued that the ADD caused client to perform poorly on the field sobriety divided attention tests. When presented with this information at the administrative license suspension hearing, Attorney Parker McFarland successfully negotiated a deal whereby the arresting officer agreed to withdraw the one-year suspension for the refusal and to reduce the charge to reckless driving. The prosecutor also agreed to reduce the DUI charge to reckless driving and client was able to keep the DUI off his record.
More DUI case examples
Did you know that in 2009, Parker McFarland filed a civil law suit against the elected Solicitor General in Forsyth County for enforcement of subpoenas at ALS hearings? Forsyth County officers had started a policy of coming to ALS hearings without the reports or videotapes from their arrests. Attorney Parker McFarland sent a subpoena to the Solicitor General who refused to provide the subpoenaed report and video. Attorney Parker McFarland obtained an order staying five of his ALS cases so that he could file a petition in Superior Court for an enforcement order against the Solicitor General. The case was appealed to the Court of Appeals and resulted in a policy change where local officers now make their reports and videos available to defense attorneys prior to ALS hearings.
Learn more about our experience representing clients at administrative license suspension hearings.