Contact Us (678) 376 5541

Case Results

State v. L.H. – Refusal

A Cherokee County DUI Task Force officer stopped L.H. for suspicious activity near Johnny's Pizza.  Upon pulling L.H. over, the officer noticed L.H.'s speech was slurred and thick-tounged.  He agreed to perform field sobriety evaluations and scored six out of a possible six clues on the HGN test, and swayed while he stood during the test.  L.H. was also unable to balance during the 9-Step Walk and Turn.  The judge erroneously ruled that the stop was valid.  He apologetically told Mr. Ryczek that he could appeal his decision to the Court of Appeals immediately rather than appealing it after trial.  Mr. Ryczek declined an immediate appeal, and asked the judge to put him on the first jury trial calendar; the judge did, and the jury found L.H. not guilty. A Cherokee County DUI Task Force officer stopped L.H. for suspicious activity near Johnny's Pizza.  Upon pulling L.H. over, the officer noticed L.H.'s speech was slurred and thick-tounged.  He agreed to perform field sobriety evaluations and scored six out of a possible six clues on the HGN test, and swayed while he stood during the test.  L.H. was also unable to balance during the 9-Step Walk and Turn.  The judge erroneously ruled that the stop was valid.  He apologetically told Mr. Ryczek that he could appeal his decision to the Court of Appeals immediately rather than appealing it after trial.  Mr. Ryczek declined an immediate appeal, and asked the judge to put him on the first jury trial calendar; the judge did, and the jury found L.H. not guilty.

Menu