Gwinnett DUI: Refusal, speeding 90 mph in a 50 mph zone

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.