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Firm Overview | Atlanta DUI Lawyers Clark & Towne
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Firm Overview | Atlanta DUI Lawyers Clark & Towne
Meet Attorney David E. Clark
Meet Attorney Jessica R. Towne
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Clark & Towne Firm Overview

David Clark and Jessica Towne are tough, experienced DUI and criminal defense lawyers. Each of them is highly regarded by trial attorneys, judges and prosecutors in all metro Atlanta jurisdictions. Between them, they have handled thousands of criminal cases, including hundreds of cases that went to trial before a judge or jury. They have also won landmark appeals before the Georgia Supreme Court and Court of Appeals of Georgia in the areas of DUI, constitutional law, and criminal defense. As a firm, Clark & Towne has enjoyed a vibrant practice in numerous areas of law; however, Mr. Clark & Ms. Towne are currently limiting their practice to DUI and Criminal Defense.

Clark & Towne has been honored by the DODD Atlanta DUI Lawyer group as its 'Lawyers of the Year.' Each has been featured in numerous news articles, magazine articles and television programs, including Court TV and NBC Trialwatch. They have been lecturing to other lawyers in the field of DUI law and Criminal Defense every year for over ten years.

If you need effective , no-nonsense representation relating to a DUI charge or any other criminal charge, send in the e-mail information request form on this site, or call 770-338-2338

Clark & Towne is a Georgia Professional Corporation. All lawyers are members of the State Bar of Georgia in good standing. None of our lawyers has ever been disbarred, suspended, sanctioned, or disciplined in any way by the State Bar of Georgia. Our lawyers are licensed to practice in all Georgia courts, state and federal.

Although no malpractice claim has ever been brought against any of our lawyers, we carry full malpractice insurance for our clients' safety.

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David E. Clark
Clark & Towne, P.C.
January 1991 to present

David Clark is a respected attorney and former judge. He is the author of "Search and Seizure for Georgia Law Enforcement" and "101 Ways to Beat a Marijuana Charge in Georgia."
He is featured every week in a podcast on constitutional law called "The Fourth Amendment Podcast," available through iTunes Music Store. Over the twenty years of his legal career, he has given dozens of lectures on constitutional law, trial practice, and the admissibility of scientific evidence in court. He is a founding member of the Georgia Innocence Project, serves on the executive committee of the Georgia Association of Criminal Defense Lawyers and is President-elect of the Criminal Law Section of the Gwinnett County Bar Association.

His track record in the courtroom is legendary. In 1999, he and his partner, Jessica Towne, won Love v. State, which struck down Georgia's DUI-marijuana law as unconstitutional. That same year, they kept laser speeding guns from being used in Georgia. Since then, Dave has won numerous key illegal search cases, defining the limits on what police can do while fighting the so-called "war on drugs." He has taken other famous cases involving separation of church and state, and privacy rights. Last year, he left his post as Magistrate judge in order to go back to the courtroom full time and return to legal rights activism. His law practice, Clark & Towne PC, is located in Lawrenceville, in suburban Atlanta, GA.


Other Experience
Judge, Gwinnett County Magistrate Court
September 2007 - October 2008
Served with Distinction as a judge in criminal and civil trials as part of the busiest magistrate court system in Georgia. Created an online e-book describing in detail the duties of a magistrate judge.

Associate Attorney, Boyce, Thompson, & O’Brien, P.C.
June 1998 – December 1999
Worked for legendary civil lawyer Peter Boyce as an associate with the largest firm in Gwinnett County.  Specialized in legal research, court hearings on behalf of large corporate and financial concerns; assisted with complex divorce and bankruptcy cases.

Education

University of Georgia School of Law
Juris Doctor, 1989  Cum Laude
Member, Editorial Board, Georgia Journal of International and Comparative Law; Outstanding Achievement Award, 1988 Mock Trial Competition

State University of New York at Fredonia
B.A., Cum Laude, 1981

Special Qualifications

  • Elected to Who’s Who in American Law, 2001.
  • Member in good standing of Georgia Bar since admitted in 1989 with no disciplinary actions or valid bar complaints, highest possible ethics rating from Martindale-Hubble National Directory.
  • Member, American Trial Lawyers Association
  • Member, American Bar Association
  • Member, Georgia Association of Criminal Defense Lawyers
  • Member, Gwinnett County Bar Association
  • Member, Criminal Defense Section of Gwinnett County Bar Association
  • Admitted to practice, Georgia Supreme Court
  • Admitted to practice, Georgia Court of Appeals
  • Admitted to practice, United States District Court, Northern District Georgia
  • Admitted to practice, United States District Court, Middle District Georgia
  • Admitted to practice, United States District Court, Southern District Georgia
  • Lecturer, ICJE continuing legal education seminars for Georgia lawyers 1998 - present
  • Lecturer, Georgia Indigent Defense Council continuing legal education seminars for Georgia lawyers 1999 - present
  • Lecturer, National College for DUI Defense, Miami and Las Vegas
  • Author of several published articles on Constitutional Law
  • Columnist, Atlanta Journal-Constitution, Gwinnett Section 1997-2000
  • Appeared on NBC “Trialwatch” program and live on Court TV, 1991.

Significant Appeals and Famous Cases

  • 2007: Suddeth v State, 288 Ga.App. 541, meth possession conviction reversed.  This ruling expanded restrictions on the police "plain feel" doctrine for warrantless searches.
  • 2006:Appeared on WSBTV, WXIA, and WAGA television, CourTV online and nationwide on talk radio as lead attorney in Bradley v. Covenant Christian Academy, a nationally publicized case filed by a high school student expelled from a private school for off-campus homosexual conduct.
  • 2006: Lindsey v. State, 282Ga.App. 644, meth possession conviction reversed.  This ruling established for the first time that apprehension of a citizen under a probate court psychological commitment order is not an arrest.
  • 2005: Wilson v State, 272 Ga.App. 291, marijuana possession conviction reversed. This ruling reaffirmed that the police practice of patting down anyone who exits a stopped car is unlawful.
  • 1999: Love v State, 271 Ga. 398, DUI conviction reversed.  This ruling struck down a DUI statute OCGA 40-6-391(a)(6) as unconstitutional on equal protection grounds. Clark & Towne were made famous for this case in High Times, The National Law Journal, and local media.
  • 1999: Izer v State, 236 Ga. App. 282, speeding conviction reversed.  This ruling forced the state patrol to throw out hundreds of tickets based on laser speed detection equipment.  Clark & Towne received acclaim in the local press and TV media and the National Law Journal.
  • 1997: Holt v. State, 227 Ga. App. 46, obstruction conviction reversed. This ruling established important precedent allowing lawyers to attack racial profiling in Georgia.
  • 1991: Vogel v. Friends of Children, adoption dispute. A baby wrongfully withheld by an adoption agency was returned to its parents live on CourtTV and CNN in Atlanta, thanks to aggressive litigation by Mr. Clark.

Jessica R. Towne

Jessica R. Towne
Clark & Towne, P.C.
1995 to present

Jessica Towne began practicing law in Gwinnett County (northeast metropolitan Atlanta) in 1989 as an Assistant Solicitor, prosecuting DUIs and misdemeanor crimes.  In 1995, she entered private practice, opening Clark & Towne, P.C.  Since that time, she has represented more than 1200 drivers accused of DUI, Reckless Driving and other serious traffic offenses.  She accepts a limited number of non-DUI clients, but does no civil work.  Between 1996 and 2005, Clark & Towne employed and mentored eight other attorneys and kept an extensive staff of personnel busy with a “volume” practice.  Since 2005, she has intentionally scaled back her practice.  Clients have appreciated having their cases personally handled by Jessica Towne, and not merely overseen by her expertise and advice.  She has been the primary attorney in 15 reported appeals in Georgia. 

Other Experience
Assistant Solicitor, State Court of Gwinnett County
DUI Prosecutor, November 1989 - March 1995
Represented the State of Georgia in DUI and other misdemeanor prosecutions; approximately fifty DUI jury trials, ten misdemeanor jury trials and two hundred non-jury trials.  Wrote appeal briefs for the State and appeared before the Georgia Court of Appeals.

Education
University of Georgia School of Law
Juris Doctor, 1989
Outstanding Achievement in Moot Court Program; Winner, ABA Award for Professionalism.

Rutgers University
B.A., 1982 Douglass College

Special Qualifications

Jessica is active in local attorney activities, serving as President of the Gwinnett County Bar Association in 1999-2000, President of the Criminal Defense Section of the Gwinnett County Bar Association from 1998-99, and Vice President of the Georgia Association of Criminal Defense Lawyers from 2006-07.  She volunteers with the Georgia Mock Trial program.  On the national level, she is a member of the National College for DUI Defense since 2000, serving as the delegate from Georgia for the NCDD from 2002-06.  She is also a member of the National Association of Criminal Defense Lawyers and NORML.

Jessica has been trained in the field sobriety tests that drivers “volunteer to take” on the roadside, and she has taken the operators’ course on the breath machine.  She has lectured over the years to attorneys, law enforcement officers and judges on the administration of standardized field sobriety tests, trial preparation, license suspension issues, trial techniques and tactics.  In 2003, she addressed the NCDD/National Association of Criminal Defense Lawyers conference on DUI in Las Vegas.  Since 2003, she has limited her speaking engagements to focus on clients.

  • Member in good standing of Georgia Bar since admitted in 1989
  • Member, National College for DUI Defense (NCDD) since 1999 (State Delegate 2004-08)
  • Member, Georgia Association of Criminal Defense Lawyers since 1995 (Vice President  2006-08)
  • Member, National Association of Criminal Defense Lawyers (NACDL) since 1995 (Lecturer 2004)
  • Member, Georgia DODD exclusive DUI defense lawyer network since 1995
  • Member, Gwinnett County Bar Association (President 1999-2000)
  • Member, Criminal Defense Section of Gwinnett County Bar Association (President 2001)
  • Admitted to practice, Georgia Supreme Court, Georgia Court of Appeals
  • Faculty, Georgia ICLE DUI Defense Seminar, 1996 - 2001, 2003, 2006
  • Faulty, NACDL/NCDD DUI Defense Seminar, Las Vegas, NV 2004
  • Faculty, Handling ALS Hearings Seminar, May 2000
  • Faculty, George Indigent Defense Council, Defending Drinking Drivers, 1999, 2000
  • Faculty, Probate and Municipal Court Judges' Traffic Law Seminar, July 1997
  • Faculty, Practical View of New DUI Laws, July 1997
  • Faculty, Georgia Basic Litigation Course for Prosecutors, 1993, 1994, 1996
  • Faculty, DUI Advocacy Training Seminar for Prosecutors, 1993, 1994 - 1996
  • Instructor, How to Try a DUI Case From the Prosecutor's Prospective, 1992, 1993
  • Instructor, Misdemeanor Case Law Update, Prosecuting Attorney's Council Conference 1993
  • Instructor, Traffic Law, Gwinnett Police Academy, 1992
  • Co-Editor and Author, What Prosecutors Want the Police to Know About DUI, 1992 -  1994
  • Panelist, The Layman's Lawyer TV program on DUI law, 1994

Significant Appeals and Famous Cases

Jessica is rated “AV,” the highest rating for professionalism and ethics by Martindale-Hubbell, a peer-reviewed achievement.  She gained national coverage in 1999 for two major cases in Georgia.  In the Izer case, laser-based speeding tickets were thrown out in the entire state based on Clark & Towne’s appeal.  The law was immediately changed to close the loophole.  In the Love case, Clark & Towne successfully challenged Georgia’s DUI-marijuana law.  While the original law is still on the books, it is unconstitutional, and most DUI-marijuana cases are now extremely difficult for prosecutors to win.  Jessica serves as co-counsel nationally on DUI-marijuana cases.

  • SUDDUTH V. STATE, 288 GA. APP. 541 (2007) SUCCESSFULLY CHALLENGED SEARCH OF DRIVER'S POCKET; CONVICTION REVERSED AS SEARCH EXCEEDED PERMISSIBLE SCOPE OF PAT-DOWN SEARCH.
  • LINDSEY V. STATE, 282 GA. APP. 644 (2006)  SUCCESSFULLY CHALLENGED CONVICTION ARISING FROM WARRANTLESS SEARCH OF MAN DETAINED PURSUANT TO A PROBATE COURT COMMITTAL ORDER.
  • WILSON V. STATE, 272 GA. APP. 291 (2005) SUCCESSFULLY CHALLENGED DRUG CONVICTION OF CLIENT WHO ENDURED A "ROUTINE PAT-DOWN" BY AN OFFICER WHO DID NOT ESTABLISH THAT CLIENT WAS A THREAT TO OFFICER SAFETY OR INVOLVED IN THE DRUG TRADE.
  • STATE V. KACHWALLA, 274 GA. 886 (2002) FURTHER CLARIFIED THE DUI STATUTES; THE COURT ULTIMATELY DECLARED THAT THERE IS NO DIFFERENCE BETWEEN "INCAPABLE OF DRIVING SAFELY" AND "LESS-SAFE TO DRIVE."
  • LOVE V. STATE, 271 GA. 398, 517 S.E.2D 53 (1999)   SUCCESSFULLY CHALLENGED GEORGIA'S DUI LAW REGARDING DRIVING WITH "ANY AMOUNT OF A CONTROLLED SUBSTANCE OR MARIJUANA" IN BLOOD OR URINE, ON GROUNDS THAT STATE'S DISTINCTION BETWEEN LEGAL AND ILLEGAL USERS OF MARIJUANA DID NOT RELATE TO LEGISLATURE'S PURPOSE AND VIOLATED EQUAL PROTECTION.
  • IZER V. STATE, 236 GA. APP. 282, 511 S.E.2D 625 (1999)    SUCCESSFULLY CHALLENGED THE USE OF LASER AS A SPEED DETECTION DEVICE.
  • BROWN V. STATE,  268 GA. 76, 485 S.E.2D 486 (1997)    UNSUCCESSFULLY CHALLENGED THE STATUTORILY-CREATED HEARSAY EXCEPTION USE OF INSPECTION CERTIFICATES AS EVIDENCE THAT BREATH TESTING DEVICES HAVE ALL MANUFACTURER'S PARTS ATTACHED AND IN GOOD WORKING ORDER.

Clark & Towne Privacy Policy

Our Commitment To Privacy

At Clark & Towne your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the way your information is collected and used.

The Information We Collect

This notice applies to all information collected or submitted on the clarktowne.com website. On some pages, you can order products or make requests for services. The types of personal information collected at these pages are:

  • Name
  • Address
  • Email address
  • Phone number

If you choose to pay your bill online, we also collect:

  • Credit card number and expiration.

The Way We Use Information

We use the information you provide about yourself when placing a request only to complete that request. We do not share this information with outside parties.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use credit card information to bill your credit card.

User communications - When you send email or other communications to clarktowne.com we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us (770) 338-2338 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .