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.
