State of Georgia v. J.D.R. (2023)
State Court of Houston County; Accusation#: 2023CR0110608
Driving Under the Influence of Alcohol charges reduced to Reckless Driving following investigation and filing of Motion to Suppress Evidence and Motion to Exclude Blood Alcohol Content Analysis.
Summary: This case originated from a November 1, 2022 incident in which law enforcement alleged that J.D.R. was driving while intoxicated at or near an apartment complex in Houston County, Georgia. According to law enforcement, a vehicle similar to the one owned by the J.D.R. was alleged have been seen by a law enforcement officer striking an entry keypad while entering the apartment complex. As a vehicle approaches the security gates to enter the residential portion of the complex, the entry keypad is only accessible through the driver side of each vehicle. Officers further speculated that the driver of the suspect vehicle could be driving under the influence. Officers were unsure of where the suspect vehicle parked inside of the complex. Officers entered the complex and located a vehicle they believed matched the description of the vehicle allegedly seen striking the entry keypad.
Officers were able to locate J.D.R. in the driver seat of the vehicle. J.D.R. was ordered out of the vehicle and requested to perform a field-sobriety test. J.D.R. ultimately consented to performing the field-sobriety test. After performing the field-sobriety test, J.D.R. was arrested and transported to the local jail. Police secured a search warrant for J.D.R.’s blood to determine his blood alcohol content. J.D.R. was alleged to have been over the legal limit to drive (.08 BAC). J.D.R. was charged with Driving Under the Influence of Alcohol and Driving Under the Influence of Alcohol (Less Safe).
Attorney Dominko Rumph served subpoenas upon the company which conducted the blood draw and the laboratory which conducted the blood alcohol analysis. Attorney Rumph also determined that law enforcement had failed to file the affidavit in support of its search warrant for J.D.R.’s blood. Attorney Rumph ultimately filed a Motion to Suppress evidence (due to lack of reasonable articulable suspicion to conduct investigatory stop and failure to file the search warrant affidavit as required by law) and a Motion to Exclude Blood Alcohol Content Analysis (due to State’s failure to produce chain of custody documents for J.D.R.’s blood). Based on the likelihood of the Court granting either or both motions, the Solicitor General’s Office agreed to reduce the Driving Under the Influence of Alcohol to Reckless Driving and dismiss the Driving Under the Influence of Alcohol (Less Safe) charge. This result allowed J.D.R. to avoid a license suspension and DUI conviction.
