On Monday, September 14, 2009 Mr. Kimmey began the trial of a DUI case in the State Court of Fulton County. A jury was impaneled and the trial began Monday afternoon. Following the presentation of the State’s case and the testimony of the arresting officer Mr. Kimmey moved for a directed verdict of acquittal based upon his belief that the State had failed to offer sufficent proof that his client was driving under the influence to the extent he was a less safe driver. Although the officer testified that the Defendant showed signs of intoxication, there was no evidence that, in the officer’s opinion, those signs would lead to a conclusion that the Defendant would be a less safe driver.
Based upon Mr. Kimmey’s argument regarding the State’s lack of proof, the trial judge granted Mr. Kimmey’s client a directed verdict of acquittal on three DUI charges.
