Clark & Towne Firm Overview

• David Clark and Jessica Towne are tough, experienced DUI and criminal defense lawyers.
• Each is highly regarded by trial attorneys, judges and prosecutors in all metro Atlanta jurisdictions.
• 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.
• Winning for our clients since 1991.
  

As a firm, Clark & Towne has enjoyed a vibrant practice in numerous areas of law; however, Mr. Clark & Ms. Towne now limit their practice to DUI and Criminal Defense.

Clark & Towne get excellent results for their clients.

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 an Atlanta area DUI charge, marijuana DUI charge, serious traffic charge, or any other criminal charge, call 770-338-2338.

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,"  Over the twenty-plus 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 serves as the chair of the Criminal Law Section of the Gwinnett County Bar Association. He is also a founding member of Georgia NORML and served as its first Executive Director.

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.

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

Jessica Towne is a respected attorney and former Gwinnett County prosecutor.  She is the author of "How to Choose a Georgia DUI Lawyer," and the popular blog on the clarktowne.com website.  Over her twenty-plus year legal career, she has given dozens of lectures on constitutional law, trial practice, and the admissibility of scientific evidence in court.  She is a member of many legal societies, and as served as President of both the Gwinnett County Bar Association and the Criminal Defense Section of Gwinnett County Bar Association, and as the Vice President of the Georgia Association of Criminal Defense Lawyers.

Ms. Towne's DUI courtroom expertise was firmly established in 1999, when she and her partner, David Clark, 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.  (The short-lived victory was hastily undone by the Georgia Legislature, which feared loss of revenue and passed a law stating that any police anywhere can use any laser gun.) Since then, Ms. Towne has won numerous key cases, while continuing to bring justice to her clients in the areas of DUI, traffic law, and similar offenses .  Her law practice, Clark & Towne PC, is located in Lawrenceville, just outside Atlanta, GA.

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 privacy notice discloses the privacy practices for clarktowne.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:

• What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship a book to you.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Cookies
We may use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.


Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (770) 338-2338 or via email.


Sharing
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.


Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.


Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

How To Contact Clark & Towne

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 .

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.

The information included on this site is just that -- information. It is not legal advice. Each case is different. What we are able to achieve for one client is not necessarily what we can achieve for anyone else.  Nothing on this website is meant to promise you anything in terms of what we can achieve for you. We do our best to make sure the content on this site is accurate and up-to-date, but we are human. Laws change and we have been known to make a mistake on occasion.