Rabun County DUI – Roadblock/refusal: reduced to Reckless Driving

Our client was stopped at a multi-jurisdictional roadblock in the City of Clayton in Rabun County Georgia.   Client agreed to perform field sobriety evaluations – which were not video recorded by Georgia State Patrol.  Client’s friend did record the field sobriety evaluations on his cell phone.  Client was arrested, read the Georgia Implied Consent notice and refused the state’s breath test.  Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving with the approval of the Trooper.   

Atlanta DUI .202 breath test, accident: reduced to reckless driving

Client was involved in a single car accident where Atlanta Police responded to investigate.   Client was shaken up by the accident, but agreed to field sobriety where client performed poorly.  The officer read the implied consent notice for a state breath test before our client was placed under arrest.  Because the officer only charged our client with DUI per se (being over .08),  the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law.   Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses. 

Marietta DUI – Refusal: Reduced to Reckless Driving

Our client was stopped for failure to maintain lane by a Marietta DUI officer.  The failure to maintain lane was visible on the Marietta Officer’s patrol car video.  Client was asked to perform filed sobriety evaluations where the video showed client visibly agitated with the officer, but agreed to do the sobriety evaluations.  There were noticeable clues on the field sobriety evaluations and client was arrested for DUI in Marietta.  Our client refused the breath test.  Mr. Sullivan was able to convince the prosecutor in Marietta Municipal Court that the charges should be dropped down to a lesser offense of reckless driving.  

Atlanta Georgia State Patrol DUI Under 21 .159 Breath Test

A “must win” case Mr. Sullivan was faced with when representing his under 21 client, who was applying to highly competitive medical schools.  The facts of the case were bad for the defense:  .159 breath test when the legal limit in Georgia for drivers under 21 is .02.  Compounded by very bad driving on the video, a flat tire, vomit present, and poor scores on field sobriety, this case definitely needed a “special teams” approach.  Skip Sullivan mounted a multi-pronged defense, but ultimately won the case on the sole ground that the prosecution violated our client’s right to a speedy trial.  Case dismissed and our client’s future career as a doctor is saved!  

Atlanta DUI — reduced to reckless driving

Our corporate executive client was pulled over by the Atlanta Police Department after she ran a red light, failed to maintain her lane, and drove straight through an intersection while in a left-turn-only lane.  When our client pulled over, she accidentally put the car in reverse, and had to be instructed by the officer over a loud speaker to put her car in park.  When she got out of the car, the police officer made special note that her pants were unbuttoned and unzipped.  No HGN was performed, and she scored a 6/8 on the walk and turn, and a 3/4 on the one leg stand.  She refused breath testing.  Our investigation revealed a complete lack of training by the Atlanta DUI officers on scene, and the prosecution eventually offered a reduction to reckless driving.

Atlanta/Fulton County DUI (.109 Breath test) and Reckless Driving – Not Guilty

Our decorated military officer, with a thirteen year career on the line, was pulled over after running a stop-sign in the Virginia Highlands in Atlanta.  Our client agreed to field sobriety exercises and scored a 6/6 on the HGN, 4/8 on the walk and turn, and a 2/4 on the one leg stand.  Our client agreed to breath testing and blew a .109 at the Georgia Tech Police Station.  Our military officer had to take his case to trial to save his career.  Adam Brown took the case to trial with no expert to challenge the state’s .109 breath test (Adam Brown didn’t need an expert with his RN background).  After a hard-fought battle with a veteran Atlanta DUI Task Force officer, the Fulton County jury returned a not guilty verdict on both DUI, and Reckless driving in 15-minutes in Fulton County State Court.

Atlanta DUI-Less Safe (refusal), improper lane change – Dismissed

Our 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over.  Unfortunately, a Georgia State Patrol Trooper believed she smelled like an alcoholic beverage and began investigating for DUI.  She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present.  Our client refused to perform any other field sobriety exercises.  She initially agreed to a breath test, and later refused.  The State offered a plea to DUI, then later reduced that offer to Reckless Driving.  Because of our investigation, we knew that the arresting Trooper was no longer employed and was not appearing in Court.  Adam Brown requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.

Fulton County DUI Drugs Dismissed

Our 23-year old client was involved in a parking lot scuffle and collision, showed significant signs of drug impairment, and was arrested and charged in Atlanta with DUI-Drugs and Reckless Driving.  Case bound over to State Court of Fulton County, where the Court sustained our demurrer to both counts, finding them lacking sufficient detail to allow us to fairly defend them.  Bob Chestney handled the hearing, and subsequently negotiated a plea to Reckless Driving.  Since he had completed drug treatment, done community service and was able to pay his fine, our client even avoided probation.

Marijuana Possession with Intent to Distribute- Henry County Dismissal

Our client was a passenger in a vehicle that was stopped by a Henry County Police K-9 Officer for Failure to Maintain Lane on I-75.  After questioning and an alert by the officer’s drug dog, the vehicle was searched.  A pound of marijuana and a scale was located.  Through Skip Sullivan’s work and coordination with the co-defendant’s attorneys, we were able to get our client’s case completely dismissed.

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.