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.
Recent DUI Defense Successes in Georgia Courts
Atlanta DUI: Refusal, reduced to Reckless Driving
Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted. Our client did not perform very well on field sobriety evaluations and was arrested for DUI. He refused the state test of his breath and the trooper initiated a license suspension action. Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving. The Atlanta DUI charge was dismissed. Mr. Sullivan was also able to prevent our client’s license from being suspended.
Cobb County DUI: reduced to Reckless Driving
Our client was stopped for speeding (65 mph in a 45 mph zone), and failure to maintain lane. Our client’s license was also expired. The Cobb police officer smelled the odor of alcohol and conducted a DUI investigation which included the Horizontal Gaze Nystagmus evaluation, walk and turn, and one leg stand. Our client looked reasonably well on the video. Mr. Sullivan was able to negotiate a reduced charge of Reckless Driving and all other charges, including the Cobb DUI charge were dismissed.
Fulton County DUI .19 Breath Test – Dismissed
Our 25 year old software engineer executive drove his car at night without headlights on. After a Georgia State Trooper did a typical Atlanta DUI investigation, our client was arrested. Later at the jail he blew a .19 on the state administered breath test. The case finally made its way to Fulton County State Court. The state requested a continuance of the motions hearing due to the Trooper being unavailable. Four months later the State requested a second continuance. Because of our investigation we knew that the Trooper had been transferred to a new post hours away. The judge agreed with our argument that the State had had many months to subpoena the Trooper, and failed to bring him to court. Accordingly, the judge granted all of our motions to suppress evidence, and the case was dismissed.
Barrow County DUI Refusal: Reduced to Reckless Driving
Our military client was stopped for failing to maintain lane by a Barrow County Sheriff’s Deputy who specializes in DUI cases. Client agreed to perform field sobriety exercises and was subsequently arrested for DUI. Our client refused the officer’s breath test and faced an administrative license suspension for a year. Mr. Sullivan was able to get the DUI charge reduced in court with the help of the deputy and also avoided a one year suspension of his client’s license.
DeKalb County DUI Accident, .094 Blood Test: Reduced to Reckless Driving
Our non-native English speaking client wrecked his car head-first into a brick sign, and his car came to a rest on its side in a ditch. Numerous witnesses stopped or called 911. The DeKalb County Police investigated the DUI, arrested out client, and had our client’s blood drawn at the hospital. The GBI tested the blood which revealed a BAC of 0.094. We pushed for trial, and when the State’s toxicologist couldn’t be available to appear in court—again, and again—the DeKalb DUI case was reduced to reckless driving.
Georgia State Patrol DUI refusal, CDL driver: case dismissed
A must win for our CDL client who was stopped by Georgia State Patrol for an illegal U-Turn and Failure to Maintain Lane. Our client smelled of an alcoholic beverage and admitted to drinking at a club. He agreed to perform field sobriety evaluations which lead to his arrest for DUI in Atlanta. Our client refused the state blood test and his license was administratively suspended for a year. We rejected a plea offer to Reckless Driving in Atlanta, and Mr. Sullivan pressed for a speedy trial in Fulton County State Court. The prosecution dragged its feet in filing our case in Fulton State Court even after Mr. Sullivan asserted his client’s right to a speedy trial multiple times. Mr. Sullivan filed a motion to dismiss due the speedy trial violation and won the case – all charges dismissed! Our client was very happy CDL was reinstated and his record remained clean.
Atlanta DUI accident case, .157 hospital blood test: reduced to Reckless Driving
Our client struck the side rear trailer of a tractor trailer in Atlanta. Police and EMS responded to the scene. The Atlanta officer smelled a strong odor of an alcoholic beverage from our client and his eyes were bloodshot and glassy. Our client also admitted to drinking multiple alcoholic beverages. He was arrested and transported to Grady detention. The prosecution obtained a search warrant for our client’s medical records that revealed an alcohol concentration of .157. Mr. Sullivan was able to convince the prosecutor that not only was the hospital blood test inadmissible, but that our client’s statutory due process rights were violated when the officer did not read the Georgia Implied Consent Notice to our client, which also advises a right to an independent test. The DUI charge was dismissed and our client entered a negotiated plea to minor traffic offenses.
Roswell DUI refusal: Case reduced to Reckless Driving
Our client was stopped by a Roswell DUI police officer for not having his headlights on and failing to maintain his lane. Client admitted to having a few drinks and performed field sobriety evaluation. He was arrested for his Roswell DUI and refused the state breath test after the implied consent notice was read to him. Our client was not particularly cordial to the Roswell officer after his arrest and even threatened to do harm to him. Mr. Sullivan was able to navigate his case in Roswell that ultimately led to negotiating with the prosecutor successfully to a Reckless Driving resolution.
Atlanta DUI, .129 breath test: Dismissed
Georgia State Patrol Trooper stopped our client for making an improper turn out of a bar in Buckhead. Our client agreed to perform field sobriety evaluations and was subsequently arrested for DUI. Our client agreed to take a breath test and blew a .129. After negotiations were not successful in Atlanta Municipal Court, Mr. Sullivan moved his client’s case over to Fulton County State Court for a jury trial. The prosecution failed to file charges against our client in Fulton County State Court within two years of the arrest date and the charges were dismissed.