Our client was stopped by Lilburn Police for travelling 61 mph in a 40 mph zone. She also had her brights on. Our client agreed to perform field sobriety evaluations and based upon the results of the evaluations, she was arrested for DUI in Lilburn. She refused to submit to the state administered breath test and faced a one year license suspension of her driving privileges due to the refusal. Mr. Sullivan was able to navigate the administrative license suspension action while the DUI case was pending in Lilburn Municipal Court. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange to a plea of Reckless Driving and
In a must win case, Skip Sullivan and Bob Chestney were able to avoid an administrative license suspension for our CDL holder while his DUI case was pending and got a Not Guilty verdict from a judge in Fulton County State Court. Our client was asleep in his vehicle alongside a roadway in Sandy Springs. While on patrol, a Sandy Springs police officer came upon our client’s vehicle parked on the side of the road with the two driver’s side tires over the solid while fog line. Our client was asleep in the back seat of his car with throw up in the back of the car as well as outside on a door handle and on the ground. Once awoken and out of his car, client was very disoriented and showed visible signs of impairment. During the course of the investigation, the Sandy Springs officer had client sit back in his car. Client then proceeded to start up his car and revved the engine multiple times. The officer then turned off the car, grabbed the keys and got the client out of the car. As Sandy Springs DUI officer was called to the scene to assist in the DUI investigation. After performing field sobriety, client was arrested for DUI in Sandy Springs, Improper Parking, and Failure to Change Address within 60 days. At trail, Mr. Sullivan crossed examined the officers on their observations and argued the the judge that the prosecution had not met its burden of proving that defendant moved his vehicle at any point and if the prosecution was able to prove that the vehicle moved at some point, the prosecution had no evidence whether client was impaired at the time the vehicle was parked at that location. The Fulton County State Court judge agreed and found our client Not Guilty of DUI, Not Guilty of Failing to Change Address within 60 Days, but Guilty of the Improper Parking charge (Georgia DDS assesses no points for this offense). Client was able to save his Georgia CDL and his career.
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.
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.