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.
Our client struck a vehicle two times before fleeing the scene of the accident in Atlanta. Client was spotted walking a short distance from the client’s vehicle. Atlanta DUI officers detained our client for questioning and made an arrest for an Atlanta DUI and Hit and Run. Mr. Sullivan was successful in persuading the Fulton County State Court prosecutor that our client was in custody without the benefit of Miranda warnings and that any DUI investigation would be suppressed in court. We did not have much of a defense to the Hit and Run charge (an offense that causes a license suspension), however, Mr. Sullivan was able to persuade the prosecutor to dismiss that charge as well in exchange for a non-suspendable offense of Reckless Driving.