Atlanta DUI (two car accident), reduced to Reckless Driving

Our client ran a red light in Atlanta and struck another vehicle.  Atlanta Police responded to investigate. Our client admitted to drinking and after an investigation, was arrested for DUI in Atlanta.  He agree to take the state’s breath test at the jail, but after an unexplained two hour delay, his alcohol level dropped to a .077.  The Fulton County State Court prosecution had the ability to present evidence that our client was over .o8 at the time of driving as well as being DUI less safe.  Mr. Sullivan was able to persuade the prosecution that they would still have a difficult time proving its case beyond a reasonable doubt.  The Atlanta DUI and Red Light charges were dismissed in exchange for a negotiated plea to Reckless Driving.  

Chestney & Sullivan partner Bob Chestney discusses Georgia DUI law on NPR station 90.1 WABE

Bob Chestney had the pleasure of being interviewed by Rose Scott on Closer Look, NPR station WABE 90.1.  He, along with representatives from the Governor’s Office of Highway Safety and Georgia State Patrol discussed a wide range of issues relating to DUI arrests in Georgia.  With the holiday season upon us,  expect Georgia State Patrol and local Georgia law enforcement agencies to be conducting concentrated patrols and sobriety checkpoints.  Check out the interview below:

https://www.wabe.org/episode/closer-look-cabbagetown-vandalism-nighthawks-dui-task-force/

Atlanta DUI Refusal: Dismissed

Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop.  Client looked good on the video and had no slurred speech.  Performed reasonably well on field sobriety evaluation.  Client refused a portable breath test and was arrested for an Atlanta DUI.  Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court  as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial.  Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services). 

Atlanta DUI, speeding: Reduced to Reckless Driving

Our software engineer was pulled over by the Georgia State Patrol in Atlanta for driving fast in a convertible Porsche.  Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h.  Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment.  Although she performed the field sobriety exercises, she refused the State’s test.  Despite marginal evidence, she was arrested for DUI in Atlanta under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of.  Adam Brown was able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.

Atlanta DUI, Speeding; Georgia State Patrol: DUI dismissed

Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper.  Client agreed to perform field sobriety evaluations.  The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway.  He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were).  The trooper said he was under arrest no matter what happens.  Our client refused to take the breath test.  Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper.  The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court

Atlanta DUI, Georgia State Patrol, Refusal: Dismissal of all charges

Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane.   The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop.  Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane.  She refused the state breath test.  The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm.  Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending.  An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court.  She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar.  Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial.  The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.  

Atlanta DUI Accident, Refusal: DUI dismissed

Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump.  An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication.  There was no video of this incident from the police.  Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense. 

Atlanta Georgia State Patrol DUI Refusal: reduced to Reckless Driving

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. 

Atlanta Georgia State Patrol DUI: Refusal reduced to Reckless Driving

Our client was stopped by a Georgia State Patrol Trooper in Atlanta and was told to submit to field sobriety evaluations.  Field sobriety evaluations are voluntary, meaning drivers do not have to do them if they don’t want to.  Here, our client was directed to perform them.  Our client looked good during the evaluations and there was no slurred speech.  After being placed under arrest, our client refused to submit to a breath test and faced a one year administrative license suspension with no permit.  Mr. Sullivan was able to persuade the Atlanta prosecutor that it would be difficult for the prosecution to win on the DUI charge and the DUI charge was reduced to reckless driving.  Mr. Sullivan was also able to avoid a one year administrative license suspension of our client’s driver’s license. 

Atlanta DUI: Refusal, reduced to Reckless Driving

Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted.  Our client did not perform very well on field sobriety evaluations and was arrested for DUI.  He refused the state test of his breath and the trooper initiated a license suspension action.  Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving.  The Atlanta DUI charge was dismissed.  Mr. Sullivan was also able to prevent our client’s license from being suspended.