What to do if you have been arrested for a DUI in Atlanta during Super Bowl week

Many people attending the Super Bowl festivities this week and the Super Bowl game on Sunday in Atlanta, are traveling from out of state.  Atlanta offers many opportunities to celebrate on any given day, even more so during the festivities leading up to Sunday’s Super Bowl game.  The Atlanta City Council announced that alcohol sales in Atlanta will be extended to 4:00 a.m. during Super Bowl week from Monday, January 28, 2019 through February 4, 2019.  Also, law enforcement agencies such as the Atlanta Police DepartmentGeorgia State Patrol,  Cobb, DeKalb, Forsyth, and Gwinnett police departments will increase their patrols and sobriety checkpoints to target impaired drivers.

No one plans or intends to get arrested for a DUI, but it happens.  If you are from out of town, experienced DUI attorneys at Chestney & Sullivan Law Firm is available to speak with you about your Georgia DUI case anytime -including weekends!  We understand that you will need to travel back home when the Super Bowl is over.  We can represent you in your Georgia Driving Under the Influence case and will appear on your behalf in most courts in Georgia for your first court date so you don’t have to.  In many Georgia jurisdictions, you will not have to appear in court until we tell you to. 

If you have been arrested in Atlanta for a DUI, the Atlanta City Detention Center (Atlanta City Jail) and Atlanta Municipal Court have changed their policies regarding bonds pursuant to a city ordinance passed by the Atlanta City Council in February, 2018 to eliminate the “cash bond” practices.  Unfortunately that change has impacted folks with the ability to pay a cash bond to get out of jail sooner as all DUI cases now have to appear before a judge for bond (Chapter 62, Article II, Division 1, Section 62-31 of the City of Atlanta Code of Ordinances).  This means that a person arrested for Driving Under the Influence on Friday in Atlanta, might have to wait until Sunday afternoon to see a judge to bond out before the Super Bowl Game.  One silver lining is Mercedes-Benz Stadium is in walking distance from the Atlanta jail, so there is still a possibility of making it to the Super Bowl.  If you were arrested late Saturday night, you may or may not make the first appearance calendar in Atlanta on Sunday.  The Atlanta City Detention Center is located at 254 Peachtree Street, SW, Atlanta GA 30303.  Their phone numbers are 404.865.8001 and 404.865.8010.  For bond information, click here.  A number of bonding companies are located on Peachtree Street right next to the city jail.  Chestney & Sullivan may be able to expedite the bond process to get defendants out of jail sooner. 

Call Chestney & Sullivan immediately if you, a friend, or loved one have been charged with a DUI in Atlanta or anywhere in Georgia.  Action will need to be taken quickly regarding a possible license suspension that is a separate action from the DUI criminal case.  We can also discuss defense strategies and begin an investigation into your Georgia DUI charges.  Also, important surveillance video footage is not retained for very long in many Georgia jails.  If  the surveillance video from the jail is not ordered within a very short period of time, it will be lost forever.  Some clients may say “great, I don’t want anyone to see my jail video.”  However, we often find that jail videos can help us successfully defend DUI’s.  If the video is not helpful, by the time the prosecution decides to inquire about jail video, it is often recorded over by the jail, and we are under no duty to disclose or turn over any video that we may have to the prosecution. 

It is also important that an investigation is started right away for possible defenses, especially in Atlanta, as court cases move very fast and if a proper investigation is not conducted quickly, negotiations may be hampered in resolving a case to something other than a DUI. 

Call us today at 404.816.8777 to discuss your case.  You will be glad you did.  We are available 24/7.  We can also meet face to face for an initial consultation free of charge.  Our office is conveniently located in the Buckhead section of Atlanta at 3110 Maple Drive, Suite #103, Atlanta, Georgia 30305. 

Atlanta DUI, Near Collision: Reduce to Reckless Driving

James “Skip” Sullivan represented a driver charged with a DUI in Atlanta, where his client ran a red light and almost collided with another vehicle.  The driver of the other vehicle called police and followed our client, who stopped in front of an Atlanta Police precinct.   A DUI investigation was conducted by an Atlanta police officer, where the officer observed major damage to our client’s car.  Our client could not recall how the damage got there or when it happened.  Our client was arrested and charged with DUI.  Mr. Sullivan decided to move the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial.  Mr. Sullivan believed our client’s due process rights were violated as our client was never read the Georgia Implied Consent Notice, nor was he afforded the opportunity to submit to a chemical test.   The prosecutor in Fulton County State Court agreed and dismissed the DUI charge in exchange for a plea to Reckless Driving.

If you or a loved one have been charged with a DUI in Atlanta, Fulton County, or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777.  

Atlanta DUI Driver Passed Out Behind Running Vehicle: Not Guilty

James “Skip” Sullivan represented a Georgia CDL driver that was arrested for a DUI in Atlanta.  Atlanta officers responded to a 911 call about a person passed out behind the wheel of a car in a residential neighborhood.  When Atlanta Police arrived, they found our client passed out behind the wheel while the engine was still running.  Our client’s speech was slurred and he thought he was in a different state when asked.  Our client also almost fell over during field sobriety evaluations and refused a roadside portable breath test.  Mr. Sullivan need to with this case as this was his client’s second DUI arrest and if convicted, his client would lose his commercial driver’s license for life.  A “special teams” defense was deployed, including filing a speedy trial demand in Atlanta Municipal Court before the case was sent to Fulton County State Court for trial.  Mr. Sullivan also set up a constitutional due process issue as our client was not read the Georgia Implied Consent Notice at the time of his arrest that would have informed him, among other things, of his right to an independent test.  After an almost two year delay in the filing of this case in Fulton County, Mr. Sullivan’s motions were set up perfectly for the Fulton judge to rule in our favor – even when the actual facts of our case were bad.  On the day of motions and trial, the Fulton County prosecutor failed to get their witnesses in court after issue was joined for a bench trial and the judge declared our client not guilty. 

Planning and preparedness for whatever may come our way in court is what sets Chestney & Sullivan apart from other DUI law firms.  Even if the officer showed up, we were prepared to argue motions that we stood an excellent chance of winning.  Call Chestney & Sullivan today to discuss your DUI charges at 404.816.8777. 

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.