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.
