Clayton County DUI, Improper Parking on Interstate: Dismissal of all Charges

In a must-win situation, our medical professional client faced a nightmare situation, where the incident report looked awful at first glance.  Our client was found in a compromising situation on I-75 late one rainy night.  Her car suddenly lost power while driving on I-75 in Clayton County, Georgia.  She was able to navigate her disabled car almost fully into the left emergency lane of I-75.  Naturally, someone called 911 and claimed that a driver was all over the road, was partially parked in the fast-lane, and was likely drunk.  Unfortunately, at that same time our client urgently needed to urinate.  Because of her location on the interstate she was unable to get out of her car, so she grabbed a cup and did her best.  Adding insult to injury, the cup of urine spilled all over her pants.  Instead of pulling up her soaked pants, she decided to sit with her pants down until help arrived.  While waiting, she fell asleep.  What occurred next is a prime example of why it is important to investigate your Clayton County DUI case.

  • The Clayton County officer documented that he tried to wake our client up for five minutes. Our investigation revealed that to be a gross exaggeration.  
  • The officer documented that he was able to simultaneously observe our client’s front and rear private areas—while she was sitting down.
  • The officer documented that our client had difficulty standing up while walking. Our investigation yielded dash-camera footage showing she walked fine.
  • The officer documented that our client admitted to drinking “2-3 drinks,” despite that statement being nowhere on the video.
  • The officer documented that he did not ask our client to perform any field sobriety evaluations due to “safety concerns.”  Our investigation revealed that he moved our client to a much safer location where the evaluations could have been performed, and we also uncovered the likely real reason—that the arresting officer was not trained in field sobriety testing.
  • Lastly, when the officer arrested our client for her Clayton County DUI, the officer failed to properly read the Georgia implied consent notice—twice—which resulted in the suppression of our client’s refusal to take the state administered breath test.

We prepared for a jury trial in Clayton County State Court on the seven-count accusation, and planned to call multiple rebuttal witnesses to tell the real version of events.  When the Clayton County Police officer failed to show up on the morning trial, the prosecutor had no choice but to dismiss the entire case.

Johns Creek DUI Refusal of Breath Test: Reduced to Reckless Driving

Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic.  Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over.  Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.”  Our client refused to blow on the alcosensor, and later refused the state’s breath test.  Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.

Atlanta DUI, speeding: Reduced to Reckless Driving

Our software engineer was pulled over by the Georgia State Patrol in Atlanta for driving fast in a convertible Porsche.  Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h.  Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment.  Although she performed the field sobriety exercises, she refused the State’s test.  Despite marginal evidence, she was arrested for DUI in Atlanta under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of.  We were able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.

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.

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.

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.  Chestney & Sullivan Law Firm took the case to trial with no expert to challenge the state’s .109 breath test.  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.  We requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.