Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County. He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house. Fire, EMS, and Atlanta Police showed up on the scene. The Atlanta police conducted a DUI investigation while EMT’s were working on our client. Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice. He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system. The DUI case started in Atlanta Municipal Court. Mr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court. Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case. At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result). The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving.
Tagged: Dekalb County DUI
DeKalb DUI .291 Blood Test (dismissed)
Mr. Sullivan represented a client that was involved in a significant single car accident in Decatur Georgia. Our client went off the road and struck a utility pole. A Decatur DUI officer arrived on scene and conducted a DUI investigation. Our client had a significant cut to the lip and was transported to the hospital for treatment. While at the hospital, the Decatur DUI officer read the Georgia Implied Consent Notice to our client, who agreed to a blood test. The blood test result was .291. The legal limit in Georgia is .08. Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the blood test was inadmissible because client was not under arrest at the time the notice was read. The prosecutor agreed to dismiss the DUI charges in exchange for a plea to a lesser traffic charge of Reckless Driving.
Chamblee DUI (Dismissed)
Mr. Sullivan represented a client who was stopped by a Chamblee DUI officer for speeding. Our client was extremely argumentative towards the officer during the course of the DUI investigation. the Chamblee officer dished it right back to our client. Eventually our client agreed to perform field sobriety evaluations and was arrested for DUI and Speeding. Our client refused to submit to a breath test. Mr. Sullivan was able to negotiate with the DeKalb County State Court prosecution to dismiss the DUI and the speeding charge in exchange for a plea to Reckless Driving. Because of our client’s business relationships, a DUI had to be avoided at all costs, so this outcome assured him of that.
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. We discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property. We were 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, we 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.
DeKalb County DUI Accident, .094 Blood Test: Reduced to Reckless Driving
Our non-native English speaking client wrecked his car head-first into a brick sign, and his car came to a rest on its side in a ditch. Numerous witnesses stopped or called 911. The DeKalb County Police investigated the DUI, arrested out client, and had our client’s blood drawn at the hospital. The GBI tested the blood which revealed a BAC of 0.094. We pushed for trial, and when the State’s toxicologist couldn’t be available to appear in court—again, and again—the DeKalb DUI case was reduced to reckless driving.
Avondale Estates DUI, Refusal: Reduced to Reckless Driving
Our client was stopped for speeding in Avondale Estates going 54 mph in a 35 mph zone. A DUI investigation took place where client admitted to drinking and performed field sobriety evaluations poorly to the extend that our client almost fell over during the one leg stand evaluation. After being placed under arrest, our client refused the state blood test as he wanted to speak with his lawyer first. We were able to convince the prosecutor to reduce the Avondale Estates DUI charge because we were prepared to take the case to trial if we needed to in order to avoid a DUI conviction.
Dunwoody DUI Reduced Despite 2 Prior Convictions
Client was stopped for rather sloppy driving near Perimeter Mall by Dunwoody Police, and arrested for DUI. Her previous attorney had the case bound over to DeKalb State Court, and filed some boilerplate motions, which were all denied. The Court held that both prior DUI convictions could be used by the State at trial. Client retained Bob Chestney at the last minute, with the case set for trial. We were able to convince the judge to allow us to file an out-of-time motion to suppress the prescription drugs found during a search of her purse, and which she was alleged to be impaired from. Prior to a hearing on this motion, the prosecutor who had a long history with Mr. Chestney offered to drop the Dunwoody DUI charge with a plea of Nolo Contendere to Reckless Driving.
DeKalb County DUI Refusal – reduced
Client was found asleep in the car in the middle of the road with the engine running. A DeKalb DUI Officer observed vomit on client’s clothes and that client had slurred and slow speech. Client admitted to drinking and was unsteady upon exiting the car. Client refused to do field sobriety evaluations and refused to submit to the state’s breath test and was arrested for a DeKalb County DUI refusal. At a motions hearing the charges were reduced after Mr. Sullivan successfully negotiated a Reckless Driving plea with the prosecutor and the judge.
Doraville/DeKalb DUI dismissed: .113 breath test
Client was stopped by Doraville police for no headlights and failing to maintain lane. Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video. After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath. Client consented and the result was a .113. Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test. The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial. The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.