Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane. The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop. Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane. She refused the state breath test. The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm. Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending. An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court. She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar. Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial. The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.
Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump. An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication. There was no video of this incident from the police. Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense.
Our client was pulled over after he made a wide right turn and then did not fully stop at two stop signs. He was pulled over by a Henry County DUI officer and subsequently agreed to perform field sobriety evaluations, including a portable alcosensor. He was arrested for DUI and the traffic violations and took the state breath test, which were .081, .078. Mr. Sullivan was able to negotiate with the prosecutor to outright dismiss the Henry County DUI charge and enter a negotiated plea to minor traffic offenses.
Our client, who has a commercial driver’s license, was involved in a traffic accident when he failed to maintain his lane. He was issued a traffic ticket and represented himself in Atlanta Municipal Court. He sent his case over to Fulton County State Court for trial. He moved and did not get notice of his arraignment date in Fulton State Court and a bench warrant and bond forfeiture was issued. His license was suspended for failure to appear at his court date. He subsequently hired our firm. We quickly got his case out of bench warrant/bond forfeiture status and placed his case on the very next bench trial calendar in Fulton State Court. Mr. Sullivan was able to successfully negotiate a full dismissal of the traffic ticket and client was able to get his commercial driver’s license reinstated.
Our client was stopped by Covington Police for speeding (61/45). The Covington officer conducted a DUI investigation as our client was acting odd and had restricted pupils. Our client passed field sobriety evaluations ans was not charged with DUI, however, the officer got consent to search our client’s vehicle after smelling to odor of burnt marijuana. During the search, the officer found a container with marijuana in it and was arrested. Mr. Sullivan was able to successfully negotiate a full dismissal of the marijuana charge in exchange for our client performing community service, substance abuse evaluation and a responsible behavior class.
Our client was stopped by a Smyrna DUI police officer for driving on the wrong side of the road and failure to maintain lane. Client agreed to perform field sobriety evaluations (which the officer had our client do off camera). He was subsequently arrested for DUI. Our client agreed to take the state breath test at the Smyrna Police Station and blew a .088, .099 (the legal limit is .08). Mr. Sullivan was able to avoid an administrative license suspension and negotiate successfully with the prosecutor a dismissal of the Smyrna DUI in exchange for a plea to Reckless Driving.
James “Skip” Sullivan represented a client in a Gwinnett County roadblock case where the client was speeding up to the roadblock and cut off another driver before stopping at the Gwinnett DUI roadblock. The roadblock was set up by Gwinnett DUI task force officers (the only officers that have video in their patrol cars). For reasons not credible, the Gwinnett DUI task force officers elected not to use their videos during this roadblock, nor during the transport of our client to the Gwinnett County Jail. The Gwinnett DUI task force officer that conducted a DUI investigation claimed that our client had very sleepy, droopy, bloodshot eyes, and that his speech was heavily slurred. The Gwinnett DUI officer also claimed that our client was unsteady on his feet. His breath test results were .082, .077. Even though the Gwinnett police decided not to use video, our client had a dash camera that we played during trial. Although the video showed our client cutting off another driver and coming up to the roadblock fast, he looked fine, no droopy/sleepy eyes, and was steady on his feet for the brief time he was on camera. His speech was also not slurred. The prosecution offered a reckless driving offer before trial, but our client rejected. The jury found our client not guilty of DUI and not guilty for cutting off the other driver. The prosecution elected not to charge our client with speeding.
Our client made a wide left turn after stopping at a red light and then failed to maintain his lane as he approached a parkway in Gwinnett County. The Gwinnett County DUI Officer estimated our client’s speed exceeding 90 mph on the parkway before he initiated a traffic stop. Because of the condition of the roadway, only the horizontal gaze nystagmus and one leg stand evaluations were done. Officer noticed slurred speech, some balance issues, and bloodshot, glassy eyes. No video. Our client was arrested for DUI and refused the state breath test. Mr. Sullivan conducted an extensive pretrial motions hearing that locked two officers in contradictory testimony and established the condition of the roadway may have impacted field sobriety evaluations. After being placed on multiple trial calendars and finally being reached for trial, the prosecution agreed the morning of trial to dismiss the Gwinnett DUI in exchange for a plea to reckless driving only.
Our client was stopped by Georgia State Patrol in Buckhead for no headlights. Client smelled of alcohol and marijuana. Admitted to smoking marijuana a few hours prior to driving. Performed field sobriety evaluations and was arrested for DUI. Our client refused the state administered breath test and his license was suspended administratively for one year (no permit available). Mr. Sullivan sent the case over to Fulton State Court from Atlanta Municipal Court had the case expedited for trial. Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition and had the administrative license suspension lifted upon the negotiated plea. The DUI charge and No Headlight charge were dismissed by the prosecution.
Our client was stopped by a Georgia State Patrol Trooper in Atlanta and was told to submit to field sobriety evaluations. Field sobriety evaluations are voluntary, meaning drivers do not have to do them if they don’t want to. Here, our client was directed to perform them. Our client looked good during the evaluations and there was no slurred speech. After being placed under arrest, our client refused to submit to a breath test and faced a one year administrative license suspension with no permit. Mr. Sullivan was able to persuade the Atlanta prosecutor that it would be difficult for the prosecution to win on the DUI charge and the DUI charge was reduced to reckless driving. Mr. Sullivan was also able to avoid a one year administrative license suspension of our client’s driver’s license.