Georgia State Patrol Atlanta DUI, Obstruction of a Law Enforcement Officer: Case Dismissed

James “Skip” Sullivan represented a driver who was stopped in the Buckhead section of Atlanta for failing to stop at a red light and speeding by a Georgia State Patrol Trooper (Nighthawks)  In addition to the bad driving, our client also had slurred speech and red, bloodshot eyes.  After being asked to exit his vehicle multiple times, he refused to exit his vehicle when finally ordered to do so by the Georgia State Trooper.  He was then forcibly removed from the vehicle and placed under arrest for a DUI in Atlanta and Obstruction of a Law Enforcement Officer.  The Trooper misread a portion of the Georgia Implied Consent Notice and our client refused to submit to a state breath test.  Mr. Sullivan took the case out of Atlanta Municipal Court and demanded a jury trial in Fulton County State Court.  After multiple hearings, including an administrative license suspension hearing, the Fulton County State Court prosecutors decided to dismiss every charge except for speeding, to which our client paid a nominal fine with no other conditions attached. 

If you are faced with a DUI or serious criminal charges, contact Chestney & Sullivan today at 404.816.8777

Atlanta DUI and Hit & Run .197 Breath Test: Case Dismissed

Skip Sullivan, partner with Chestney & Sullivan Law Firm represented our client who was stopped by the Atlanta Police Department for striking another occupied vehicle while driving in Atlanta (knocked off the other driver’ side mirror).  He was immediately placed in the back of the Atlanta Police patrol car.  No field sobriety tests were performed.  Our client was eventually read the Georgia Implied Consent Notice and agreed to take a breath test at the jail.  The results were very high: .197/.202.  Mr. Sullivan sent the case out of Atlanta Municipal Court to Fulton County State Court for a jury trial.  He also filed motions attacking the admissibility of the breath test as well as a motion alleging a speedy trial violation.  After two motions hearing dates, the prosecution could not meet their burden and the Fulton County State Court Judge granted Mr. Sullivan’s motion to dismiss. 

If you have an Atlanta DUI charge, call Chestney & Sullivan today at 404.816.8777

Atlanta DUI Breath Test: .106 (DUI Dismissed)

An Atlanta police officer came upon our client passed out behind the wheel at an intersection.  The Atlanta officer investigating a DUI eventually woke our client up, smelled alcohol, and began a DUI investigation.  The officer read the Georgia Implied Consent Notice and asked our client to submit to a state administered breath test at the Atlanta Jail. Our client agreed and the result was a .106 (the legal limit in Georgia is .08).  The prosecutors in Atlanta Municipal Court would not negotiate in this case, so Mr. Sullivan demanded a jury trial and the case was transferred to Fulton County State Court.  On the day of trial, Mr. Sullivan was able to convince the Fulton County Solicitor (prosecutor), that the breath test wound not be admissible as our client was not under arrest when the Implied Consent Notice was read.  The prosecutor reluctantly agreed and decided to dismiss the DUI charges and the Improper Stopping charge in exchange for a plea to Reckless Driving.  Our client had to avoid a DUI and was very happy with the result. 

Atlanta DUI, Wrong Side of the Roadway (Dismissed)

Our client was stopped for driving on the wrong side of the roadway in Atlanta.  An Atlanta DUI Task Force officer was called to the traffic stop to conduct an investigation.  The Atlanta officer asked our client to complete field sobriety evaluations, which our client voluntarily did.  Although there were some balance issues, our client otherwise did well on these tests.  The Atlanta DUI Task Force officer arrested our client for DUI and read the Georgia Implied Consent Notice to him.  Our client refused the state-administered breath test and was served a notice of an administrative license suspension action for refusing the state’s breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for his client and persuade the Atlanta Municipal Court prosecutor to dismiss all charges in exchange for a plea to Reckless Driving. 

Atlanta DUI Accident, Breath Test Refusal (All Charges Dismissed)

Our client hit the median wall and drove the vehicle for a short distance until it became inoperable.  A witness saw the accident, called the police, followed our client and waited on scene to talk to the police.  A non-DUI officer first arrived on scene and placed our client in the back of the patrol vehicle.   That officer called an Atlanta DUI Task Force officer to the scene to conduct a DUI investigation, took our client out of the patrol car and conducted field sobriety evaluations.   The Georgia Implied Consent Notice was read and our client refused the state administered breath test.  Mr. Sullivan moved the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial.  Mr. Sullivan filed various motions seeking to suppress field sobriety evaluations and the refusal to submit to the state breath test on statutory and constitutional grounds.  Mr. Sullivan also filed a motion to dismiss to to the extreme delay by the prosecution getting this case to trial.  The Fulton County State Court judge ruled the prosecution had not met its burden a a motions hearing and granted Mr. Sullivan’s motion to dismiss all charges. 

Atlanta DUI Single Car Accident (Dismissed)

Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County.  He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house.  Fire, EMS, and Atlanta Police showed up on the scene.  the Atlanta police conducted a DUI investigation while EMT’s were working on our client.  Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice.  He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system.  The DUI case started in Atlanta Municipal CourtMr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court.   Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case.  At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result).  The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving. 

Atlanta DUI Refusal (Dismissed)

An Atlanta DUI Task Force Officer was on patrol when he saw our client run a red light (on video).  He initiated a traffic stop and conducted a DUI investigation.  Our client looked reasonably well on the video, but the Atlanta DUI officer made a DUI arrest anyway.  Our client refused to submit to the state breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for our client and negotiated an outright dismissal of the DUI charge in exchange for a plea to minor traffic offenses with the Atlanta Municipal Court DUI prosecutor

Atlanta DUI Breath Test .117 (Dismissed)

Mr. Sullivan represented a commercial truck driver in Atlanta who was stopped by a Georgia State Patrol DUI Task Force Trooper for not having his headlights on.  Our client also failed to maintain his lane.   The Trooper conducted field sobriety evaluations and our client was arrested for a DUI in Atlanta.  The client agreed to submit to the state breath test and blew a .117.  The legal limit is .08.  Mr. Sullivan challenged the admissibility of the breath test in court along with a motion arguing our client’s right to a constitutional speedy trial was violated.  The court found that the Fulton State Court prosecution was not able to meet it’s  burden at a motion hearing and granted Mr. Sullivan’s motion to dismiss all charges.  Our client’s commercial driver’s license and his career were saved. 

Atlanta DUI (Dismissed)

Mr. Sullivan successfully defended a client who was found passed out at an intersection in Atlanta by Atlanta Police.  Georgia State Patrol was brought to the scene to conduct an Atlanta DUI investigation.   Client did terrible on field sobriety evaluations and was arrested for DUI in Atlanta.  Our client refused to submit to the state administered breath test.  The DUI case was moved out of Atlanta Municipal Court to Fulton County State Court.  The prosecution took a very long time in filing the case.  Mr. Sullivan filed motions attacking the prosecution’s DUI case, including filing a motion to dismiss due to the delay in the prosecution and a motion challenging the initial detention of our client.  At the time of trial, the prosecution was unable to bring the initial officer to court (the arresting officer was there).  Arguably the prosecution still could possibly go forward with its case (the Georgia case law is murky in this area), but Mr. Sullivan was able to convince the prosecutor to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

Atlanta DUI (reduced to Reckless Driving)

Our client was stopped in Atlanta by a Georgia State Patrol DUI Trooper for suspended registration.  Client admitted to having two drinks and agreed to perform field sobriety evaluations.  The Trooper marked client off for “clues” during the administration of the tests and arrested client for a DUI in Atlanta.  Our client refused to take the state administered test of her breath.  Mr. Sullivan was was able to persuade the Atlanta DUI prosecutor that the trooper failed to follow his training regarding field sobriety evaluations, and as such, the results were compromised.  The prosecutor agreed to dismiss the DUI charge and the suspended registration charge (a charge that if convicted for, causes a license suspension) in exchange for a plea to Reckless Driving and Expired Tag.