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 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:

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

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