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.
Tagged: Atlanta DUI
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.
Fulton County DUI .19 Breath Test – Dismissed
Our 25 year old software engineer executive drove his car at night without headlights on. After a Georgia State Trooper did a typical Atlanta DUI investigation, our client was arrested. Later at the jail he blew a .19 on the state administered breath test. The case finally made its way to Fulton County State Court. The state requested a continuance of the motions hearing due to the Trooper being unavailable. Four months later the State requested a second continuance. Because of our investigation we knew that the Trooper had been transferred to a new post hours away. The judge agreed with our argument that the State had had many months to subpoena the Trooper, and failed to bring him to court. Accordingly, the judge granted all of our motions to suppress evidence, and the case was dismissed.
Georgia State Patrol DUI refusal, CDL driver: case dismissed
A must win for our CDL client who was stopped by Georgia State Patrol for an illegal U-Turn and Failure to Maintain Lane. Our client smelled of an alcoholic beverage and admitted to drinking at a club. He agreed to perform field sobriety evaluations which lead to his arrest for DUI in Atlanta. Our client refused the state blood test and his license was administratively suspended for a year. We rejected a plea offer to Reckless Driving in Atlanta, and Mr. Sullivan pressed for a speedy trial in Fulton County State Court. The prosecution dragged its feet in filing our case in Fulton State Court even after Mr. Sullivan asserted his client’s right to a speedy trial multiple times. Mr. Sullivan filed a motion to dismiss due the speedy trial violation and won the case – all charges dismissed! Our client was very happy CDL was reinstated and his record remained clean.
Atlanta DUI accident case, .157 hospital blood test: reduced to Reckless Driving
Our client struck the side rear trailer of a tractor trailer in Atlanta. Police and EMS responded to the scene. The Atlanta officer smelled a strong odor of an alcoholic beverage from our client and his eyes were bloodshot and glassy. Our client also admitted to drinking multiple alcoholic beverages. He was arrested and transported to Grady detention. The prosecution obtained a search warrant for our client’s medical records that revealed an alcohol concentration of .157. Mr. Sullivan was able to convince the prosecutor that not only was the hospital blood test inadmissible, but that our client’s statutory due process rights were violated when the officer did not read the Georgia Implied Consent Notice to our client, which also advises a right to an independent test. The DUI charge was dismissed and our client entered a negotiated plea to minor traffic offenses.
Atlanta DUI .202 breath test, accident: reduced to reckless driving
Client was involved in a single car accident where Atlanta Police responded to investigate. Client was shaken up by the accident, but agreed to field sobriety where client performed poorly. The officer read the implied consent notice for a state breath test before our client was placed under arrest. Because the officer only charged our client with DUI per se (being over .08), the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law. Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses.
Atlanta Georgia State Patrol DUI Under 21 .159 Breath Test
A “must win” case Mr. Sullivan was faced with when representing his under 21 client, who was applying to highly competitive medical schools. The facts of the case were bad for the defense: .159 breath test when the legal limit in Georgia for drivers under 21 is .02. Compounded by very bad driving on the video, a flat tire, vomit present, and poor scores on field sobriety, this case definitely needed a “special teams” approach. Skip Sullivan mounted a multi-pronged defense, but ultimately won the case on the sole ground that the prosecution violated our client’s right to a speedy trial. Case dismissed and our client’s future career as a doctor is saved!
Fulton County DUI – reduced to reckless driving
Our corporate executive client was pulled over by the Atlanta Police Department after she ran a red light, failed to maintain her lane, and drove straight through an intersection while in a left-turn-only lane. When our client pulled over, she accidentally put the car in reverse, and had to be instructed by the officer over a loud speaker to put her car in park. When she got out of the car, the police officer made special note that her pants were unbuttoned and unzipped. No HGN was performed, and she scored a 6/8 on the walk and turn, and a 3/4 on the one leg stand. She refused breath testing. Our investigation revealed a complete lack of training by the Atlanta DUI officers on scene, and the prosecution eventually offered a reduction to reckless driving.
Atlanta/Fulton County DUI (.109 Breath test) and Reckless Driving – Not Guilty
Our decorated military officer, with a thirteen year career on the line, was pulled over after running a stop-sign in the Virginia Highlands in Atlanta. Our client agreed to field sobriety exercises and scored a 6/6 on the HGN, 4/8 on the walk and turn, and a 2/4 on the one leg stand. Our client agreed to breath testing and blew a .109 at the Georgia Tech Police Station. Our military officer had to take his case to trial to save his career. Chestney & Sullivan Law Firm took the case to trial with no expert to challenge the state’s .109 breath test. After a hard-fought battle with a veteran Atlanta DUI Task Force officer, the Fulton County jury returned a not guilty verdict on both DUI, and Reckless driving in 15-minutes in Fulton County State Court.
Atlanta DUI-Less Safe (refusal), improper lane change – Dismissed
Our 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over. Unfortunately, a Georgia State Patrol Trooper believed she smelled like an alcoholic beverage and began investigating for DUI. She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present. Our client refused to perform any other field sobriety exercises. She initially agreed to a breath test, and later refused. The State offered a plea to DUI, then later reduced that offer to Reckless Driving. Because of our investigation, we knew that the arresting Trooper was no longer employed and was not appearing in Court. We requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.