CHESTNEY-HAWKINS LAWYERS HELP SECURE HUGE WIN IN THE GEORGIA SUPREME COURT !

For many years, Georgia has (by statute) allowed police to request a blood or breath test of any driver involved in an accident with a fatality or serious injury, regardless of who was at fault. This was authorized even if the police had no reason to suspect that the test results would demonstrate impairment from drugs or alcohol.

Several years ago, the lawyers at Chestney-Hawkins began challenging that law as unconstitutional, claiming that it violated the Fourth Amendment by allowing a “search” without probable cause. One case in 2001 got as far as being argued in the Supreme Court, but that appeal was withdrawn when the prosecutors agreed to dismiss the pending DUI charges.

Finally, in October, 2003, the Supreme Court declared the statute unconstitutional in Cooper v. State, a case out of Barrow County. Billy Healan, a lawyer in Winder, represented Mr. Cooper at the trial level, and on appeal enlisted the aid of the Chestney-Hawkins Law Firm, who co-wrote the briefs filed in that case, and participated in the oral argument, as well.