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Case Results

State v. J.W. – Refusal

A Dekalb County DUI Task Force Officer pulled J.W. over for speeding 90 mph in a 55 mph zone.  The officer could J.W. moving around within the passenger compartment of her Ford Bronco.  He walked up to the Bronco and saw J.W. in the back seat and her twin sister in the passenger seat.  He theorized that J.W. was the driver, and ordered them to tell him who was driving or he would arrest them both.  He pulled J.W. out of the Bronco and coerced her to perform field sobriety evaluations, and J.W. performed poorly on the evaluations.  In a pretrial motion to suppress, Mr. Ryczek successfully argued that the judge should suppress all evidence after the officer threatened to arrest J.W as all evidence gathered after that point was coerced.  Without any evidence of DUI, the prosecutor dismissed J.W.'s case and she entered a guilty plea to speeding.