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Georgia DUI Case Results

State v A.L.

March 2011

A.L. was pulled over near Lake Blackshear for making a left turn without using a turn signal.  She performed field sobriety testing including blowing into a portable breath testing device which came back positive for alcohol.  She also allegedly failed the Horizontal Gaze Nystagmus (HGN) test with a reported 6/6 clues. After being placed under arrest, she gave two samples on the Intoxilyzer 5000 of 0.124 and 0.137 grams.   At trial, an expert witness testified that the HGN test was improperly performed, and should have been excluded prior to trial.  Futhermore, the expert was able to pinpoint officer error that could have skewed the Intox results, including radio frequency interference (RFI) from the officers cell phone, as well as his failure to observe the full twenty minute observation period prior to running the test.  After the trial court judge gave a directed verdict of acquittal for the failure to use turn signal charge, the jury came back "not guilty" for DUI after deliberating less than 15 minutes.

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Patrick Kunes

Patrick Kunes is the most recent addition to Kunes Law Office, having been admitted to practice in November of 2008.  He graduated from Tift County High School in 1999, where he received a Governor's Scholarship through the Georgia Scholar Program. He attended the University of Georgia where he received a B.A. in History in 2003.

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