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You may see Georgia State Patrol officers being aggressive if you’re driving late at night in Fulton County. The GSP has a special unit that they call the Nighthawks DUI Task Force. These troopers are only assigned to drive impaired motorists and are well known for their quick stops on I-75, I-85 and GA-400.
Arresting a Nighthawk trooper can be frightening. They are extremely accurate, and they have a yearly $1.2-million dependency on the state’s official breath testing machine, the Intoxilyzer 9000. For many drivers, it’s assumed that if they’re pulled over by a special trooper and the machine comes back with a number that is over the legal limit, there is no way they’ll be able to win their case.
This is a hazardous idea. As one of the best DUI Lawyers in Atlanta, James Yeargan understands that even the best of the troopers and the equipment that they use is prone to error.
In the state of Georgia, the Intoxilyzer 9000 is the sole device used to determine BAC. Many jurors are misled into thinking that this machine is infallible, but that is not the case. The machine is based on infrared spectroscopy of ethanol, and must be meticulously maintained and calibrated to ensure accuracy.
The Georgia Bureau of Investigation is responsible for the periodic check of the machine for calibration and operation per Georgia law. The Georgia Bureau of Investigation Division of Forensic Sciences Implied Consent Rules are on external link.
The machine might give false positive results caused by other factors such as:
RFI from police radios.
Increased temperature of the body or hyperventilation in a panic attack.
Temperature changes in the air and the presence of air contaminants.
Dry gas ethanol standard that was not properly mixed.
A proficient Atlanta DUI Attorney is not only focused on the final printed number. They review the entire machine history, including maintenance records, dry gas lot numbers, and quarterly inspection reports to determine the mechanical failure that the state is attempting to cover up.
A defense attorney who is just as knowledgeable as the Night-Hawks is best suited to defend against a specialized unit like the Nighthawks. Facing a hard-nosed state trooper is no game for a traffic ticket attorney.
James DUI Jim Yeargan is a Former DUI Prosecutor. He has worked with Georgia State Patrol troopers and they know exactly how the NTIA trains them. He knows what is supposed to be done and what isn’t, and he can find procedural lapses when the Nighthawks are looking for them.
Jim is a regular critic of the administration of the breath test. Was the trooper looking for the 20-minutes required to make sure there is no alcohol from the preceding night in the mouth that would affect the results? Did the machine give a “Calibration Error” or “Interference Detected” message and the trooper ignored it? Jim is able to challenge these technical issues and seek motions to suppress the breath test altogether. See more about our technical approach on our [Internal Link: Breath and Blood Test Defense Page].
This is very complex work to litigate the science of a breathalyzer machine and to cross-examine highly trained GSP troopers. The majority of defense contractors exploit the complexity to charge huge prices. They will sign you up on a low retainer, and then start throwing in hidden fees when they want to go get calibration logs, or get a trooper to trial.
With our Price Integrity Guarantee, at Yeargan and Kert, LLC, we remove this financial burden.
With the DUI Attorney Atlanta residents trust for complex cases, you pay one clear flat fee throughout the duration of the DUI defense. The Intoxilyzer results will not cost you more if you win the pretrial motion or if you fight the state in a multi-day, jury trial. Says there are no hidden motion fees, no matter what you do in court, and no trial taxes.
Don’t have the wrong machine or too “aggressive” of a state trooper determine what happens next. The amount on a breathalyzer printout is not a conviction, and the science is not a fact, you can challenge it. To win in court you need to have a tireless DUI Lawyer Atlanta to uncover the mistakes in the state’s evidence.
Jim Yeargan and his team will be on your side against the Georgia State Patrol and will fight hard to defend your driving record, your privilege and your freedom.
Don’t be late, as your license could be suspended based on inaccurate information from the state. Call Yeargan and Kert, LLC today at 404-467-1747 to arrange for a free, confidential appointment.
