DUI / Drunk Driving criminal defense news

Gwinnett County Recorders Court Judge Patricia Muise found Brandle not guilty Feb. 1 of DUI driving under the influence, even though he refused a DUI breath test and DUI field sobriety test.

Some who were in DUI court when Brandle was acquitted questioned whether the officer received preferential treatment from the judge.

"He ought to know better than that," said Steven Mauldin of Stone Mountain, who was in recorders court that day for an unrelated case. "Is this how it works? The judge slaps their hand and says 'don't do that again' and then they're back out there again the next night?"

Muise's judicial assistant, Kim Everett, said Monday the judge did not want to comment on her ruling.

"There are some upset parties, and I understand that, but this case wasn't any different than any other case we hear," Everett said. "It all came down to evidence, and it just wasn't there."

Brandle, an undercover drug investigator, has been temporarily assigned to a desk job while an internal investigation is conducted, according to Gwinnett police spokeswoman Cpl. Illana Spellman. Brandle is taking reports from citizens over the phone, Spellman said.

So, Cpl. Kevin Brandle was charged Dec. 28 with drunken driving. A Gwinnett Recorder's Court judge acquitted him. ersonnel records show Brandle was suspended for two days in 2002 for getting into a confrontation with security guards at a concert. Gwinnett police are conducting an internal investigation into the DUI case to determine whether Brandle will face disciplinary action.