Greg Willis

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DUIDLA Involvement

Biography

Greg received the first ever 'BadAss Award' from DUIDLA for his unmatched success in DUI Defense. He was also given the DUI Defense Lawyer of the Year for 2018-2019 by the Georgia DUI Defense of Drinking Drivers group (DODD). Greg made the front page of the Atlanta Journal Constitution and the Fulton County Daily Report in 2019 for a successful, landmark decision at the Georgia Supreme Court in the case of Elliott v. State. He has been rated as a Super Lawyer year after year in DUI defense by his peers because of his unbelievable success rate defending his clients (93% without a DUI conviction over the last 9 years). The Super Lawyer selection is based on the opinion of his peers, including both judges and lawyers. Greg is so committed to getting the just outcome for his clients that he once spent four consecutive days in jail to protect a client from rulings of an unfair judge. Greg later won the jury trial in that case after the judge lost his job. National DUI defense organizations regularly ask Greg to speak at conferences to teach lawyers his proven methods in defending his clients. Greg regularly challenges the accuracy of both breath and blood tests and has been recognized for consistently exposing weaknesses in the forensic science used in breath and blood testing. He remains front footed in DUI training and continuing education. In order to remain on the leading edge of DUI defense, Greg has mastered the Drug Recognition Expert Overview Course and is even certified to operate the Intoxilyzer 5000, a breathalyzer commonly used by law enforcement. In addition, he has taken numerous courses in order to understand the inner workings of the Intoxilyzer. This knowledge enables him to challenge this test’s inconsistent results. Greg has earned many favorable rulings from the Supreme Court of Georgia and the most recent one (Elliott v. State) resulted in almost all breath tests and refusals to submit to tests to be excluded from court against his clients. Greg currently has two cases pending at the Georgia appellate courts that could result in the suppression of evidence of blood tests, breath tests, and refusals in Georgia. Greg is also challenging any tests that are achieved with a warrant as unconstitutional. Greg has been recognized as one of the top DUI lawyers in Georgia and the United States and has petitioned the United States Supreme Court in numerous DUI cases. He was recently invited to write a brief on a case that was pending before the Court. Greg graduated from the University of Georgia Law School in 1996. Since then, he has dedicated his legal career to defending Georgia drivers accused of DUI. Greg is a member of the State Bar of Georgia, DUIDLA, the National College of DUI Defense, and Georgia Association of Criminal Defense Lawyers. He is also on the Board of Directors of the DUIDLA. His proven results are the reason judges, lawyers, police officers, court personnel, and prior clients regularly refer their friends and family to Greg. A free face-to-face meeting with Greg is priceless to help you decide the best approach to win your case.

Education

Greg Willis graduated with a B.S. in Commerce from the University of Virginia in 1992. He attended University of Georgia School of Law and graduated with his J.D. in 1996.

Notable Cases

Elliott v. State, 305 Ga. 179 (2019) - This was a monumental decision from the Georgia Supreme Court that declared parts of Georgia's DUI laws unconstitutional. Greg’s client refused to submit to a chemical breath test and Greg filed several motions challenging the admission of his client’s refusal to submit as evidence at trial. Greg argued that allowing the State to use his client’s refusal to submit to a chemical breath test against her at trial was unconstitutional because her refusal to submit to the breath test was protected under Paragraph XVI of Georgia's Constitution as a self-incriminating act. The trial court denied the motions and Greg appealed the case to the Georgia Supreme Court. The Court agreed with Greg’s legal arguments and reversed the trial court’s decision, finding that, "OCGA §§ 40-5-67.1 (b) and 40-6-392 (d) are unconstitutional to the extent that they allow a defendant’s refusal to submit to a breath test to be admitted into evidence at a criminal trial." This decision forced legislators to amend Georgia's DUI statutes, however, Greg continues to raise constitutional challenges to these statutes. Jones v. State, 291 Ga. 35 (2012) - This case involved the unlawful detention of Greg’s client after an officer saw another driver pull into a parking lot near a roadblock. The officer pulled into the parking lot and blocked the exit so that Greg’s client and the other driver could not leave. Greg filed several motions and argued that the officer did not have reasonable articulable suspicion to believe that his client had committed a crime and that by preventing him from leaving the parking lot, the officer violated his client’s Fourth Amendment rights against unreasonable searches and seizures. The trial court denied the motions and the Court of Appeals affirmed the trial court’s decision. Greg filed a Petition for Certiorari in the Georgia Supreme Court and the Court agreed with Greg’s arguments, finding that “[c]ontrary to the Court of Appeals, we conclude that the evidence did not support the trial court's ruling that the initial encounter between the trooper and Jones was consensual.” The Court held that an unlawful seizure occurred when the officer walked to the defendant’s car to question him and prevented him from leaving the parking lot by blocking the exit with his patrol car. Parker v. State, 296 Ga. 586 (2015) - In this case, the Georgia Supreme Court held that rules of evidence did not apply to the proceeding for issuance of material witness certificates. The trial court refused to consider documents proffered by Greg that were related to the defendant's Motion for Material Witness Certificates. Greg was seeking out-of-state witness certificates for individuals working for CMI, Inc., the Kentucky-based manufacturer of the Intoxilyzer 5000 in order to challenge the reliability and accuracy of the Intoxilyzer machines themselves. Greg appealed the trial court's refusal to consider the documentation he presented and the Court of Appeals affirmed the trial court's decision. Greg then filed a Petition for Certiorari in the Georgia Supreme Court and the Court reversed the decision of the trial court and Court of Appeals, finding that “the trial court erred in sustaining the State's hearsay objection to the evidence that Parker proffered in support of his motion for material witness certificates, and then in denying his motion for lack of evidence. Likewise, the Court of Appeals erred in Division 1 of its opinion in upholding the trial court's evidentiary ruling and affirming the denial of the material witness certificates on the ground that Parker 'presented no admissible evidence during the hearing on his motion.'" Yeary v. State, 289 Ga. 394 (2011) - This case also involved an out-of-state witness certificate and Greg’s challenges to the reliability and accuracy of the Intoxilyzer 5000. Greg filed motions in the trial court seeking to obtain evidence possessed by CMI, Inc., the company that manufactures the Intoxilyzer 5000, and the trial court denied the motion, finding that the evidence Greg was seeking was not material or relevant to the defendant's case. Greg appealed and the Georgia Court of Appeals affirmed the trial court's decision. Greg then filed a Petition for Certiorari in the Georgia Supreme Court and argued that the evidence he was seeking from agents of CMI, Inc. was relevant and material under the 6th Amendment and Article I, Sec. I, Paragraph XIV of Georgia's Constitution regarding a criminal defendant's constitutional rights to compulsory process for obtaining the attendance of a witness that may aid the defense by producing testimony and/or evidence that might influence the jury's determination of guilt. The Georgia Supreme Court agreed with Greg and reversed the Court of Appeals' decision, finding that. "[t]he Court of Appeals erred when it concluded that a request under the Uniform Act that an out-of-state corporation be required to produce purportedly material evidence in its possession must be accompanied by the identification as a material witness of the corporate agent through which the corporation is to act. Should the certificate of materiality be issued by the Georgia court, it is for the Kentucky corporation to identify the human agent through whom it will act, perhaps in conjunction with the hearing that would be held in Kentucky upon receipt of the Georgia certificate of materiality." State v. Peirce, 257 Ga. App. 623 (2002) - Greg’s client had an out of state driver’s license and after being arrested for DUI, the officer informed the client that their out of state license would be suspended if they refused to submit to the state-administered breath test. Greg filed motions and argued that the officer’s statement regarding the suspension of his client’s out of state license was inaccurate because Georgia does not have the authority to suspend an out-of-state license. The client testified that he agreed to submit to the testing based on the inaccurate information regarding the suspension of his license and Greg argued that the client’s consent to submit to the testing was not voluntary because he was given misleading information that affected his decision. The trial court agreed with Greg’s arguments and granted his motions. The State appealed and the Georgia Court of Appeals affirmed, finding that “[t]he information given to Peirce contained substantial misleading, inaccurate information and confused him as to his implied consent rights.”