James “Skip” Sullivan represented a Georgia CDL driver that was arrested for a DUI in Atlanta. Atlanta officers responded to a 911 call about a person passed out behind the wheel of a car in a residential neighborhood. When Atlanta Police arrived, they found our client passed out behind the wheel while the engine was still running. Our client’s speech was slurred and he thought he was in a different state when asked. Our client also almost fell over during field sobriety evaluations and refused a roadside portable breath test. Mr. Sullivan need to with this case as this was his client’s second DUI arrest and if convicted, his client would lose his commercial driver’s license for life. A “special teams” defense was deployed, including filing a speedy trial demand in Atlanta Municipal Court before the case was sent to Fulton County State Court for trial. Mr. Sullivan also set up a constitutional due process issue as our client was not read the Georgia Implied Consent Notice at the time of his arrest that would have informed him, among other things, of his right to an independent test. After an almost two year delay in the filing of this case in Fulton County, Mr. Sullivan’s motions were set up perfectly for the Fulton judge to rule in our favor – even when the actual facts of our case were bad. On the day of motions and trial, the Fulton County prosecutor failed to get their witnesses in court after issue was joined for a bench trial and the judge declared our client not guilty.
Planning and preparedness for whatever may come our way in court is what sets Chestney & Sullivan apart from other DUI law firms. Even if the officer showed up, we were prepared to argue motions that we stood an excellent chance of winning. Call Chestney & Sullivan today to discuss your DUI charges at 404.816.8777.