Covington DUI Refusal: Reduced to Reckless Driving

A concerned citizen was following our client and called in to Georgia State Patrol that our client was failing to keep the vehicle in a single lane.  A Georgia State Trooper spotted our client’s vehicle and also noticed it failing to maintain the vehicle within the lane.  The trooper initiated a traffic stop in Covington, Georgia and after a brief conversation, allowed our client to drive off.  The Trooper then saw our client drive off onto the shoulder of the road and stopped the vehicle again.  A DUI investigation began, where our client performed field sobriety evaluations and tested high on a portable alcosensor (almost twice the legal limit).  Our client was subsequently arrested for a DUI in Covington.  Mr. Sullivan was able to convince the prosecutor that the client performed well enough on field sobriety evaluations that a jury might not convict on the DUI charge.  The prosecutor agreed and a plea to reckless driving was negotiated. 

Cobb County DUI Breath Test .173: Reduced to Reckless Driving

Our client was charges with a Cobb County DUI after being stopped for failing to maintain his lane.  Marietta Police conducted an investigation for DUI where our client agreed to submit to field sobriety evaluations.  Our client was subsequently arrested for DUI and took the state breath rest with a result of .173.  The case began in Marietta Municipal Court, but the Marietta DUI charge was sent over to Cobb County State Court to preserve our client’s right to a jury trial.  Mr. Sullivan conducted a motions hearing to exclude the .173 breath test from being admissible at trial.  While the judge was deciding the motions, Mr. Sullivan was able to persuade the prosecutor that the test would be inadmissible at trial.  Subsequently, Mr. Sullivan negotiated with the prosecutor to dismiss the Cobb DUI charge and our client enter a plea to reckless driving.  

Johns Creek Underage (Under 21) Alcohol Possession: Dismissed

Our seventeen year old client was involved in soliciting a person to buy alcohol for him and a friend in Johns Creek.  At the same time of the purchase, Johns Creek Police Department was conducting a sting operation to catch people who buy alcohol for kids who are under 21.   Once the sale of alcohol was complete and our client and friend received the alcohol, Johns Creek moved in and detained our client and friend.  Our client was then charged with underage alcohol possession in Johns Creek.  Mr. Sullivan was able to get his client into a pretrial diversion program, which our client completed successfully.  This resulted in the charge being dismissed by the court.  This also saved our young client from having a criminal history, let alone a conviction for underage alcohol possession.  

Woodstock DUI: Reduced to Reckless Driving

Our Woodstock DUI client was observed by Woodstock Police throwing up besides her car in a parking lot.  Our client then drove off not coming to a complete stop at a stop sign exiting the parking lot.   The Woodstock police officer initiated a traffic stop and client pulled back into the same parking lot.  A DUI investigation was conducted after the officer smelled a strong odor of alcohol coming from our client, observed bloodshot, watery eyes, and observed our client vomiting.  Our client performed field sobriety evaluations and scored the maximum clues on the Horizontal Gaze Nystagmus evaluation, 5 out of 8 possible clues on the Walk and Turn evaluation, and 1 out 4 clues on the One Leg Stand evaluation.  She was then arrested and charged with DUI and running a stop sign. Mr. Sullivan was able to successfully negotiate with the Woodstock solicitor (prosecutor) to drop the DUI charge in exchange for a plea to Reckless Driving. 

Braselton Traffic Tickets: Driving While License Suspended, Speeding Dismissed

Our out of state client was stopped for speeding in Braselton going 90 mph in a 70 mph zone.  A license check determined that our client’s out of state license was suspended.  Mr. Sullivan was able to convince the prosecutor to dismiss the Braselton Driving While License Suspended  charge and the Speeding charge (which would have resulted in a super speeder assessment by Georgia DDS if convicted).  A plea to Basic Rules and a city ordinance was negotiated, where the charges would not be reported to Georgia Department of Driver Services and would also not be reported on client’s criminal history. 

Gwinnett DUI refusal: Reduced to Reckless Driving

Mr. Sullivan’s client failed to maintain her lane to the point that she struck a curb and blew two tires out, observed by a citizen who called the Gwinnett Police.  Client was visibly intoxicated and had very thick, slow, and slurred speech.  Our client also could not keep balance while walking.  After a DUI investigation, she was arrested for DUI in Gwinnett County.  The Gwinnett DUI case began in Gwinnett Recorder’s Court, but after plea negotiations failed, the case was sent to Gwinnett State court to preserve our client’s right to a jury trial.  On the day of trial when the case was called, the prosecution offered a reckless driving disposition that our client accepted. 

Atlanta DUI Refusal: Dismissed

Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop.  Client looked good on the video and had no slurred speech.  Performed reasonably well on field sobriety evaluation.  Client refused a portable breath test and was arrested for an Atlanta DUI.  Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court  as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial.  Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services). 

Atlanta DUI Combination Drugs/Alcohol Quashed in Fulton County

Client was arrested in Atlanta by Trooper Tarpley in 2014, blew .069 but admitted taking some Rx medication, so blood test was requested but refused.  Reckless Driving was offered in Atlanta, but client declined the onerous conditions.  In Fulton County filed a last-minute accusation charging DUI Alcohol Less Safe.  Case was set for trial, and State amended accusation to DUI Combination Drugs/Alcohol.  Partner Bob Chestney moved to quash the amended DUI count, and the Court granted the motion.  Client entered a plea to Reckless Driving with much more reasonable terms than those offered in Atlanta.

Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving

Our young bartender client had just gotten off work.  Naturally, she and her colleagues had an end-of-shift drink.  She decided to follow a friend home.  As the two were pulling through the parking lot to leave, rather fast, her friend braked when she shouldn’t have, causing a rear-end collision with our client listed as the at-fault driver.  Adam Brown discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property.  Adam Brown was also able to show the Chamblee prosecutor that our client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, Adam Brown took the case up with the arresting Chamblee DUI officer, who later advised the State that there was no objection to a reduction in charges.  As a result of getting the officer on board, the Chamblee prosecutor agreed to reduce this over the limit case to reckless driving.

DeKalb County DUI, .154 breath test; Hit and Run: DUI charges dismissed

Our client rear-ended a car while exiting the expressway in Dunwoody, GA.  He decided not to stop at the scene, but eventually stopped in Chamblee, Ga.  A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody.  A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police.  He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia.  Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak.  The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.