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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.
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