What to do if you have been arrested for a DUI in Atlanta during Super Bowl week

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Many people attending the Super Bowl festivities this week and the Super Bowl game on Sunday in Atlanta, are traveling from out of state.  Atlanta offers many opportunities to celebrate on any given day, even more so during the festivities leading up to Sunday’s Super Bowl game.  The Atlanta City Council announced that alcohol sales in Atlanta will be extended to 4:00 a.m. during Super Bowl week from Monday, January 28, 2019 through February 4, 2019.  Also, law enforcement agencies such as the Atlanta Police DepartmentGeorgia State Patrol,  Cobb, DeKalb, Forsyth, and Gwinnett police departments will increase their patrols and sobriety checkpoints to target impaired drivers.

No one plans or intends to get arrested for a DUI, but it happens.  If you are from out of town, experienced DUI attorneys at Chestney & Sullivan Law Firm is available to speak with you about your Georgia DUI case anytime -including weekends!  We understand that you will need to travel back home when the Super Bowl is over.  We can represent you in your Georgia Driving Under the Influence case and will appear on your behalf in most courts in Georgia for your first court date so you don’t have to.  In many Georgia jurisdictions, you will not have to appear in court until we tell you to. 

If you have been arrested in Atlanta for a DUI, the Atlanta City Detention Center (Atlanta City Jail) and Atlanta Municipal Court have changed their policies regarding bonds pursuant to a city ordinance passed by the Atlanta City Council in February, 2018 to eliminate the “cash bond” practices.  Unfortunately that change has impacted folks with the ability to pay a cash bond to get out of jail sooner as all DUI cases now have to appear before a judge for bond (Chapter 62, Article II, Division 1, Section 62-31 of the City of Atlanta Code of Ordinances).  This means that a person arrested for Driving Under the Influence on Friday in Atlanta, might have to wait until Sunday afternoon to see a judge to bond out before the Super Bowl Game.  One silver lining is Mercedes-Benz Stadium is in walking distance from the Atlanta jail, so there is still a possibility of making it to the Super Bowl.  If you were arrested late Saturday night, you may or may not make the first appearance calendar in Atlanta on Sunday.  The Atlanta City Detention Center is located at 254 Peachtree Street, SW, Atlanta GA 30303.  Their phone numbers are 404.865.8001 and 404.865.8010.  For bond information, click here.  A number of bonding companies are located on Peachtree Street right next to the city jail.  Chestney & Sullivan may be able to expedite the bond process to get defendants out of jail sooner. 

Call Chestney & Sullivan immediately if you, a friend, or loved one have been charged with a DUI in Atlanta or anywhere in Georgia.  Action will need to be taken quickly regarding a possible license suspension that is a separate action from the DUI criminal case.  We can also discuss defense strategies and begin an investigation into your Georgia DUI charges.  Also, important surveillance video footage is not retained for very long in many Georgia jails.  If  the surveillance video from the jail is not ordered within a very short period of time, it will be lost forever.  Some clients may say “great, I don’t want anyone to see my jail video.”  However, we often find that jail videos can help us successfully defend DUI’s.  If the video is not helpful, by the time the prosecution decides to inquire about jail video, it is often recorded over by the jail, and we are under no duty to disclose or turn over any video that we may have to the prosecution. 

It is also important that an investigation is started right away for possible defenses, especially in Atlanta, as court cases move very fast and if a proper investigation is not conducted quickly, negotiations may be hampered in resolving a case to something other than a DUI. 

Call us today at 404.816.8777 to discuss your case.  You will be glad you did.  We are available 24/7.  We can also meet face to face for an initial consultation free of charge.  Our office is conveniently located in the Buckhead section of Atlanta at 3110 Maple Drive, Suite #103, Atlanta, Georgia 30305. 

Chestney & Sullivan partner Bob Chestney discusses Georgia DUI law on NPR station 90.1 WABE

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Bob Chestney had the pleasure of being interviewed by Rose Scott on Closer Look, NPR radio station WABE 90.1.  He, along with representatives from the Governor’s Office of Highway Safety and Georgia State Patrol discussed a wide range of issues relating to DUI arrests in Georgia.  With the holiday season upon us,  expect Georgia State Patrol and local Georgia law enforcement agencies to be conducting concentrated patrols and sobriety checkpoints.  Check out the interview below:

https://www.wabe.org/episode/closer-look-cabbagetown-vandalism-nighthawks-dui-task-force/

Spalding County DUI, .40 Blood Test: Reduced

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In her Spalding County DUI case, our client lost control of her vehicle and crashed into a collision repair shop parking lot in Spalding County.  A witness saw the accident and called police.  Georgia State Patrol responded and conducted an investigation.  Due to the accident, no field sobriety evaluations were performed, but the trooper noticed a very strong odor of an alcoholic beverage from our client.  Our client was transported to the hospital for treatment. Our client was charged for DUI in Spalding County and blood was draw for testing at the GBI.  The blood test result was .40, five times the legal limit.   Mr. Sullivan was able to persuade the prosecution that due to the delay of the case and admissibility issues of the state’s blood test to dismiss the DUI charge, resulting in a negotiated plea to Too Fast for Conditions and Reckless Driving.  

Brookhaven DUI reduced

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Client was stopped when turning on to wrong side of roadway in Brookhaven.  Client agreed to perform field sobriety evaluations and showed sufficient number of clues to arrest for DUI.  When asked to submit to the state’s breath test, client agreed after being told several times it was “required”.   Client blew a 0.129 on the Intoxilyzer 9000.  Mr. Sullivan was able to negotiate the Brookhaven DUI down to a Reckless Driving disposition.

Doraville/DeKalb DUI dismissed: .113 breath test

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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.

NFL Defensive Tackle Nick Fairley Not Guilty of DUI

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Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week.  The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph.  He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer.  The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.

Cops Want Google To Disable Waze App

Millions of drivers use the Waze app on their mobile devices to assist with their daily commute or other highway travel.  The app alerts drivers to accidents, traffic jams, and other traffic issues by participating members posting what they have observed.  But the app also allows drivers to alert others of the location of police officers, and that’s got some officials upset.

Read the article on mashable.com

Cobb County Police Cite Driver For Eating While Driving

We all know that it’s illegal to drink an alcoholic beverage while driving.  But an Alabama man recently learned that the Cobb County Police think it is illegal to eat a hamburger while driving.  The man was cited for “distracted driving.”  Seriously – you can’t make this stuff up!

See the article.

Tennessee DUI Cop Arrests Over 300 People, Many Cases Dismissed

A Red Bank, TN police officer is apparently known as the “DUI King” after making over 300 DUI arrests since 2012.  But many question his standards for making an arrest.  Almost 30% of his cases have ended up being dismissed, many of them after his suspects blew under the legal limit.

We have some officers here in the metro Atlanta area that fall into the same category.  A person arrested for suspicion of DUI can blow well under the limit and still be booked, creating a permanent arrest record he or she will have to explain forever.

Read the story of the Tennessee cop at http://www.timesfreepress.com/news/2014/nov/09/Red-Banks-DUI-king-arrests-hundreds-Attorneys-sa/?breakingnews.