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State v. M.M. – DUI (Breath Test, Urine Drug Test)

M.M. was driving home in DeKalb County after leaving a club.  M.M. was stopped and investigated by DeKalb County’s DUI Task Force for a DUI minutes from his home in Decatur.  M.M. admitted to drinking and did poorly on the Officer’s field sobriety tests.

The police officer arrested him and M.M. submitted to the State’s breath test and test of his urine for marijuana.  After being arrested the police searched his car and found a small amount of marijuana.   The results of the State’s breath test were within .01 of the legal limit of .08.

M.M. hired Andrew Lynch to save his license and beat his DUI.  Andrew took M.M.’s case to a jury trial in DeKalb County State Court.  After hearing Andrew’s defense, the jury found him Not Guilty of the DUI.  As the foreman for M.M.’s jury exited the courtroom, she told M.M. he “was not guilty of anything except making bad decisions”.

State v. T.Z. – Drug Trafficking

T.Z. was arrested and prosecuted for possessing over ten pounds of Marijuana.  T.Z. arrived at a residence in the city of Dekalb as DEA agents were serving an arrest warrant.  Before meeting with a lawyer T.Z. made incriminating statements.  T.Z. was facing a mandatory minimum of five years in prison.

T.Z. parents immediately contacted Mr. Lynch.  It became clear that the search and investigation of T.Z. was done in violation of her rights.  Mr. Lynch challenged the right of the State to even investigate T.Z. with a pretrial motion to suppress.  The Assistant District Attorney believed there was a good chance T.Z. could win the motion and the case.

Mr. Lynch based on the circumstances of the search was able to get the prosecutor to reduce all charged on his client to misdemeanor marijuana.

State v. G.D. – DUI (Breath Test Over the Legal Limit .17, Roadblock)

G.D. was leaving a bar on Cheshire Bridge Road in Atlanta.  What he did not know was the city of Atlanta’s DUI Task Force had placed a roadblock at Cheshire Bridge and Piedmont Road.  Just before the roadblock G.D. stopped at an open business, parked his car, and began to walk to the entrance of the business.  An Atlanta Police Officer commanded him to stop because he thought he was intentionally avoiding the roadblock.

Once G.D. stopped and spoke with the Atlanta Police Officer he was arrested for DUI and resisting arrest.  G.D. submitted to the Atlanta Officer’s request for a breath test and blew over double the legal limit.

G.D. hired Andrew and thought he was guilty of everything the police accused him of doing. After Andrew completed his pretrial investigation it was clear that the officer did not have a legal reason to initially stop G.D. and that all of his investigation should be suppressed and not admitted in the trial of G.D.  Andrew took G.D.’s case to court. A Fulton County Judge agreed that G.D. should not have been stopped and suppressed all the evidence in G.D.’s case.  All charges were dropped against G.D. prior to trial.

State v. R.C. – DUI (Breath Test Over .08), Marijuana, Reckless Driving

R.C. was driving back to his home in Dekalb County after leaving a friend’s party.  R.C. was stopped and investigated for a DUI within a block of his Ellenwood home.  The police arrested him and he submitted to the State’s breath test.  After being arrested the police searched his car and found a small amount of marijuana.   The results of the State’s breath test were over the legal limit of .08.  R.C. is a driver for the United States Postal Service and could not be convicted of either DUI or Marijuana.

R.C. hired Andrew Lynch to save his license, save his record, and save his job.  At the ALS hearing the arresting officer unilaterally withdrew his license suspension of R.C.  The officer remembered Attorney Lynch from when he worked with the Officer during training at the Dekalb County Police Academy.

R.C. needed more than his license saved, during a motion to suppress the Judge suppressed R.C’s. breath test because the state could not prove it was obtained legally.  Next, the State was not able to prove the marijuana was actually marijuana to the certainty Georgia law requires.  R.C. case was reduced to a traffic violation and he is still at work today.

State v. E.B. – Trafficking in Methamphetamine

E.B. was entering her home when the Federal Government served a search warrant on her, detained her, and searched her home.  In the garage, trafficking amounts of methamphetamine were found.  In her home an extensive amount of circumstantial evidence of drug dealing was found.

E.B. was arrested, jailed, and indicted for Drug Trafficking.  E.B. was facing a mandatory minimum jail sentence of twenty years.  E.B. hired Andrew.  E.B.’s case was one of the most serious legal problems anyone can face.

Andrew went to work and quickly learned the case was a circumstantial case at best.  The State could essentially prove the drugs were there, and maybe E.B. knew the drugs were there, but the State had no evidence she possessed the drugs or dealt the drugs. Andrew’s investigator quickly subpoenaed all the investigating officers to Court.  The prosecutor’s office thought twice about their case against E.B.

All charges against E.B. were dead docketed; a legal term for there is going to be no further prosecution on E.B.’s case.

State v. J.S. – Felony Obstruction of Police (First Lifetime Arrest)

J.S. returned home from work and got into a verbal argument with his wife.  To remove himself from the argument he went upstairs and took a shower.   At this time his wife called the police seeking their help in mediating the verbal argument.  The 911 dispatcher incorrectly noted she claimed J.S. was committing a violent act.

Two Officers arrived at J.S.’s house and met with his wife outside.  Without permission they entered J.S.’s home and bedroom and began to request that he exit the bathroom. J.S. did not know these were police at his bathroom door and is a large man. J.S. exited the bathroom quickly and was shocked to find the police in his bedroom while he was wearing a towel.  J.S. said he would cooperate with the police but that he was going to get dressed prior to meeting with the police.

The officers then, without probable cause, began to arrest J.S.  He resisted and a struggle ensued. The police claimed J.S. injured them physically.  Andrew was hired and prior to J.S.’s case being presented to the Grand Jury, convinced the District Attorney on the case the entry into J.S.’s home was illegal and there was no crime to arrest J.S. for.  This is important because under Georgia law when there is an illegal arrest a person has a right to resist the arrest.  All charges were dropped without J.S. ever appearing in court.

State v. I.E. – Felony Fleeing From the Police (First Lifetime Arrest)

I.E. was wrongfully accused, arrested, and prosecuted for felony fleeing from the police.  On top of this, he missed his first court date and had a bench warrant issued in DeKalb Superior Court.  I.E. hired Andrew and the warrant was recalled within hours of Andrew working on the case.

After Andrew and I.E. received all the evidence and investigation on the case, Andrew was able to prove I.E. did not commit these crimes and was able to show who was falsely using I.E.’s identity.

All charges against I.E. were dismissed!

State v. P.H. – DUIs 1 and 2, City of Atlanta; Fulton County – First (Refusal); Second (Breath Test)

P.H. was arrested for his first lifetime DUI while going through a Georgia State Patrol roadblock.  His family’s personal attorney sent him to Andrew.

Andrew’s investigator got to work and found the weaknesses in P.H.’s case.  The City of Atlanta Municipal Court quickly dismissed the DUI case against P.H.

Within a few months P.H. was arrested a second time for DUI in the City of Atlanta.  The State was much more severe with P.H. in the pretrial phase of the case.

The second DUI case also had weaknesses.  Andrew bound the case over to Fulton County State Court for trial.  Once a new prosecutor had the case, P.H. demanded a speedy trial by jury.  Prior to court the prosecutor called Andrew asking if his client would plea to the underlying traffic violation only without any probation or jail time.   P.H.’s second DUI charge was also dismissed.

 

State v. N.L.  – DUI Trial, Second Lifetime

N.L. was leaving his business in the Oakhurst neighborhood in downtown Decatur.  After worked he stopped and had two beers.  N.L. was spotted weaving on Scott Boulevard and stopped by a city of Decatur Police Officer.

N.L. admitted drinking and was quickly given field sobriety tests, which as you can guess the officer said he failed.  Neal was taken to the Dekalb County Jail.   N.L. had already plead guilty to one DUI in his life and was offered sixty days to serve in jail for a plea of guilty to his second DUI.  Andrew told the prosecutor that N.L. would not consider any plea until all DUI charges were dismissed.

N.L. and Andrew went to court and began picking a jury.  The jury literally sided with N.L. and thought that police were overzealous in arresting people for DUIs.  The prosecutor came to Andrew and agreed N.L. did not need to finish the trial and the DUI case was dismissed.

State v. P.H. – DUIs 1 and 2, City of Atlanta; Fulton County – First (Refusal); Second (Breath Test)

P.H. was arrested for his first lifetime DUI while going through a Georgia State Patrol roadblock.  His family’s personal attorney sent him to Andrew.

Andrew’s investigator got to work and found the weaknesses in P.H.’s case.  The City of Atlanta Municipal Court quickly dismissed the DUI case against P.H.

Within a few months P.H. was arrested a second time for DUI in the City of Atlanta.  The State was much more severe with P.H. in the pretrial phase of the case.

The second DUI case also had weaknesses.  Andrew bound the case over to Fulton County State Court for trial.  Once a new prosecutor had the case, P.H. demanded a speedy trial by jury.  Prior to court the prosecutor called Andrew asking if his client would plea to the underlying traffic violation only without any probation or jail time.   P.H.’s second DUI charge was also dismissed.

 

State v. J.S. – DUI (Breath Test over Twice the Legal Limit and Second Lifetime DUI)

J.S. knew he had to much to drink and stopped his car in a big box store parking lot.  A City of Milton Officer was suspicion that this car stopped in a parking lot of a closed store at three a.m.  The police pulled behind J.S. and proceeded to investigate  J.S.  He was arrested and at the jail house completed the officer’s requested breath test, blowing a 0.21, nearly three times the legal limit.

J.S. father reached out to Andrew.  Andrew quickly investigated the DUI and noticed three potential weaknesses in J.S. case: the stop by the police was bad, the arrest was not based on probable cause, and the arresting Officer misinformed J.S. of his implied consent rights under Georgia law.  The Milton court offered J.S. ten days in jail and two years probation.  J.S. wanted to take the deal, fearing the Rice Street Jail.  Andrew convinced J.S. to pursue his case at trial in Fulton County State Court.

On the day of trial, Andrew was able to have all charges dismissed.

State v. S.P. –  Second Lifetime DUI (Blood Test)

S.P. woke up from an accident in the hospital. S.P. was found in his vehicle alone on the side of I-285.  After being medically cleared from his head wound, .P. was charged with DUI and failure to maintain lane.  S.P. had no memory of driving the car or the accident

S.P. went to DeKalb State Court and the prosecutor sought to give him 60 days in jail because it was his second DUI.  S.P. hired Andrew.  After interviewing witnesses with S.P. prior to the wreck, reviewing the State’s evidence, and documentation of the wreck it was clear to Andrew S.P. was found by the EMS in the passenger seat and that there was another driver in the wreck who fled the scene.

Andrew was able to have the entire DUI case dismissed for lack of probable cause to arrest.  Amazingly, Andrew was able to recover $25,000 for S.P. in insurance monies against the actual driver of the

car!  S.P. was amazed!

State v. J.D. – Police Officer Client (First Time Arrest)

J.D. is a police officer. J.D. attended a wedding in downtown Atlanta and went to an after party. J.D. was drinking.  The circumstances of the night led J.D. to get into a bar fight where, at the end, the Atlanta Police found him to be the primary aggressor and arrested him. J.D. maintained everything he did was in self-defense.  J.D. was suspended from the police force.

J.D.’s uncle, a local attorney, contacted Andrew for help. Andrew’s investigator went to work and built the case against the prosecution.  The “victim” in the case wanted a conviction.  J.D. wanted his day in court.

J.D. filed a speedy trial in the Fulton County Court. It was a dismissal or trial.  The “victim” relented and J.D. eventually had all charges dismissed and was able to return to law enforcement.

State v. J.K. – Serious Injury by Vehicle

J.K. was the designated driver on New Year’s Eve.  After midnight a group of people dashed out in front of his car.  J.K. slammed on his brakes but still struck many of the pedestrians.

The Dekalb Police Department arrived, J.K. admitted to striking the people in the road and also admitted to drinking a few hours prior.  J.K. was charged.

J.K. believed he had done nothing wrong and was not interested in any plea deal.  Mr. Lynch took the case to trial and argued that J.K. was not guilty because the pedestrians dashed out in front of him.  J.K. was found not guilty.

State v. G.H. – Hit and Run (First Lifetime Arrest)

G.H. was driving to work at the Centers for Disease Control.  He absently mindedly tapped a car in front of him.  Upon exiting his vehicle the other driver told him “I’m fine and there is no damage.”  G.H. went on to work.  At work the DeKalb Police stopped him and charged him with hit and run and leaving the scene of the accident.

G.H.’s attorney referred him to Andrew. Being a doctor, his license to practice medicine and his career were in jeopardy if convicted.

Andrew got to together all the evidence and, prior to the date of court, convinced the prosecutor to dismiss the hit and run and leaving the scene of the accident case against G.H.

State v. A.C. – First Time Felony Arrest

A.C. was seventeen when he brought a knife to a local high school and used it during football practice in a moment of teenage foolishness.  A.C., prior to retaining Andrew, met with the school and police, confessed, and was arrested for aggravated assault and the felony charge of carrying a weapon in a school zone.  There was no question the prosecutor’s office had proof beyond a reasonable doubt against A.C.

Andrew worked with A.C.’s family prior to court gathering all the documentation to show the Judge that A.C. was a honor student, athlete, and currently attending college on a scholarship.  With this documentation Andrew was able to convince the prosecutor and Court to allow A.C. to earn a dismissal of his charges by completing a rigorous program of community service and anger management.

After A.C. completed his part of the deal Andrew had struck with the District Attorney’s office all charges were dismissed.  A.C. is still in school in Florida without any criminal conviction.

State v. A.M. – Armed Robbery, False Imprisonment, Kidnapping, Aggravated Assault, Sexual Battery

A.M. was accused of Armed Robbery, False Imprisonment, Kidnapping, and Aggravated Assault against two separate women at two separate times.  A.M. maintained his innocence.  The State had multiple witnesses, DNA, and a lot of physical evidence supporting their case.  A.M. was facing the possibility of life in prison.

As part of the defense, a thorough pretrial investigation was conducted.  The investigation revealed that the State’s star witness had been arrested for since making the accusations against A.M.

Armed with this information, the prosecutor was approached and a negotiated plea was worked out to a misdemeanor and no prison or jail time for A.M.

State  v. J.W. – Murder, Armed Robbery

J.W. was arrested for Murder and Armed Robbery.  The case was built on neighborhood gossip and circumstantial evidence only.  There were no witnesses, incriminating statements, or physical evidence tying J.W. to the murder.

Andrew Lynch represented J.W. at his preliminary hearing where the State has to satisfy there is enough evidence to even hold J.W. for the Murder.  After the hearing was over the Judge agreed with Mr. Lynch that the State’s case was built only on suspicion and dismissed the case.

State v. V.M. – Felony Cocaine, Bond

V.M. was arrested for trespassing and cocaine.  Attorney Lynch was contacted within hours of her arrest and visited V.M. in the Fulton County Jail.  V.M. wanted out immediately.  Andrew Lynch was able to get a Judge and Fulton County Assistant District Attorney to consent to bond within hours and V.M. was released.

V.M. with Mr. Lynch’s help received treatment for her substance abuse issues before being arraigned and her prosecution was approved for a diversion program.

State v. L.W. – Burglary

L.W. was stopped by an officer for looking nervous and suspicious.  During the stop, the police were told to be on the look out for a burglary suspect fitting L.W.’s description.  When the police questioned L.W. about the burglaries, she confessed to multiple burglaries.  She also showed Detectives the property reportedly taken in the burglaries an hour before.

Mr. Lynch filed a motion to suppress the evidence, which led to L.W.’s case being dismissed.  At the motion, Mr. Lynch argued L.W. had been stopped illegally.  The judge agreed that the officer violated L.W.’s rights by stopping her.  Every piece of evidence was thrown out of court.  With no evidence, the State was left with no choice but to dismiss L.W.’s case.

State v. J.M. – Illegal Stop, Marijuana

J.M. was stopped for fitting a profile that is likely to have drugs.  J.M. and a friend entered a motel in the wrong part of town and quickly went in and out of a room.  Police had the room under surveillance.  J.M. was stopped immediately, drug dogs searched his car, and drugs were found.

At J.M.’s motion to suppress in Dekalb County the Judge ruled there was no reason to stop J.M. other than the Officer’s hunch and that was not good enough.  J.M.’s drugs were suppressed and his case was immediately dismissed.

State v. L.M. –  DUI

L.M. was stopped at three A.M. for speeding on I-85.  The stop was conducted by a specially trained DUI Task Force Officer.  The Officer approached L.M.’s car.  The Officer asked if  L.M. had used drugs or alcohol that night.  L. M. confessed to having smoked marijuana.

L.M. immediately took and failed all the Officer’s field sobriety tests and was arrested for DUI.  Once L.M. was booked into the county jail, he took the State’s chemical test and failed.

L.M. drives for a living.  If he had been convicted of DUI, he would have lost his job.

Mr. Lynch took L.M.’s case to trial.  Mr. Lynch attacked the Officer’s credibility and the value of the road side field sobriety tests.  After the Officer testified, the Georgia Bureau of Investigation crime lab analyst took the stand.  Under cross-examination, she admitted the State’s chemical test only showed L.M. had used drugs and not that he was under the influence at the time of his arrest.

The jury found L.M. not guilty of DUI.  L.M. still drives for a living today.

State v. D.B. – Pimping

D.B. chose the wrong moment to speak to an attractive woman at the gas station.  This woman was an undercover vice cop.  D.B. was arrested and thrown in the jail, charged with pimping.  D.B. had done nothing more than have a five minute conversation, but that conversation could have cost him years in jail.

Mr. Lynch took D.B.’s case to trial.  After the State presented their evidence, Mr. Lynch convinced the judge to throw the case out of court. The judge directed a not guilty verdict on all counts because he agreed with Mr. Lynch’s argument that, based on the evidence presented at trial, no one could find D.B. guilty of pimping.

State v. G.W. – DUI (Accident Case)

G.W. came home from work and had a beer with his dinner.  Later he went to the store.  On the way home, he wrecked into another car.  G.W. was injured and confused when the police arrived.  After taking a few statements and smelling beer on G.W.’s breath, the officer assumed G.W. was DUI and arrested him.  At the county jail, G.W. consented to every type of chemical test the state requested.

G.W. had lived the first fifty years of his life without a conviction and could not have one now. G.W. drove for a living and would lose his job if convicted.  Mr. Lynch prepared the case for trial. On the morning of trial, the State approached Mr. Lynch and offered to reduce G.W.’s charges to reckless driving.  G.W. took the deal.

G.W. still has his license and his job.

State v. V.M. – Family Violence Battery, Battery, Disorderly Conduct

V.M. crossed paths with an ex-girlfriend. Their relationship ended on bad terms.  An argument ensued and the police were called.  When the police arrived, they believed her version of events.  In a desperate attempt to stay out of jail V.M. made an incriminating statement.  V.M. was arrested and charged with several violent crimes.

Not willing to accept anything less than the case being dismissed, Mr. Lynch prepared V.M.’s case for trial.

Mr. Lynch had a pretrial motion and argued that V.M.’s statement was made in violation of his Miranda rights.  Mr. Lynch won the motion and V.M.’s incriminating statement was kept out of his trial.  During the trial, Mr. Lynch exposed V.M.’s ex-girlfriend’s story for what it was, unbelievable.

The jury returned a verdict of not guilty in under twenty minutes.


State v. D.B. Felony Theft

D.B. was a terrible business man.  So terrible that the State accused him of committing a felony theft.  Many things had happened to bring D.B. to the position he was in, but D.B. never intended to steal anything.  D.B. was a terrible business man but he never had the intent to commit a theft.
Andrew prepared D.B.’s case for trial.  In closing Andrew argued to the jury D.B. did everything the State accused him of but he never intended to steal anything.  D.B. was just a bad business man.  The jury agreed and found D.B. not guilty of felony theft.

State v. S.N. DUI (Breath Test Over .08)

S.N. was driving to pick up her boyfriend.  S.N. did not know he had been stopped by the police. The police stopped S.N. to question her about her boyfriend’s story.  S.N. was doing nothing wrong.  The officer thought he smelled alcohol and pursued a DUI investigation against S.N.  After being arrested S.N. took a breathalyzer at the jail and blew well over the legal limit.

Andrew pursued a pretrial investigation of the arresting officer.  In response to Andrew’s subpoenas the Georgia Peace Officer and Training Council turned over a troubling employment history of the arresting officer.  The Officer had a checkered past and had been fired from many other law enforcement agencies.  Andrew obtained the records from the other police agencies.  These records contained countless episodes of police misconduct.  When the prosecutor saw her star witness’ past she dismissed the case.

State v. C.J. Marijuana

C.J. was drinking at a friend’s apartment late at night.  The police approached C.J. and his friends about what they were doing.  As the police came up they claimed to see C.J. throw something behind a wall.  After handcuffing C.J. and searching him the police looked behind the wall.  There they found a green leafy substance and arrested C.J. for possession of Marijuana.

In preparing C.J.’s case for trial it came to Andrew’s attention the state had not provided C.J. with any scientific test proving the green leafy substance was in fact marijuana.  The day of trial Andrew alleged the State had violated C.J’s right to scientific evidence and that the State could not prove the alleged substance was marijuana.  The State dismissed C.J.’s case the day of trial.

State v. C.M. DUI (Breath Test over .08)

C.M. worked as a fire fighter and could not be convicted of a DUI.  After a night out C.M. was stopped for speeding and detained while officers responded to investigate C.M. for DUI.  Andrew did not believe the Officers had enough evidence to arrest him for DUI and ask C.M. for the incriminating breath test.  In a pretrial motion to suppress very serious allegations came out about C.M. potentially pointing a pistol at the stopping officer that night.  The judge found it was close but the officer had enough evidence to arrest C.M. for DUI.

Knowing that C.M. had to have his charge reduced or face losing his job.  Andrew approached the state and court with an offer that would satisfy everyone.  The state agreed and C.M. charged was reduced to reckless driving.

 

Remember if you have been charged with a crime,
call Andrew R. Lynch today at (404) 373-7735.