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.
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.
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.