Client was stopped for Speeding (53 mph in a 35 mph zone) and Laying Drags. Client agreed to perform field sobriety evaluations and looked great on video. Client’s speech was not slurred. After being arrested for DUI, the Trooper read the Georgia Implied Consent Notice and client refused the breath test. Mr. Sullivan was able to negotiate reduced charges in Atlanta Municipal Court where client avoided an Atlanta DUI conviction and also avoided a 12 month license suspension.
Tagged: Atlanta DUI
Refused Breath Test – Charges Reduced
Client was stopped for speeding in Atlanta. The initial encounter with the Georgia State Trooper was tense with the Trooper berating client – making the client nervous. Client did not perform well on field sobriety evaluations, due to his nervousness. After being placed under arrest and read the implied consent notice, client refused to take the state breath test. During negotiations, the Atlanta DUI prosecutor realized that no one would perform well on field sobriety evaluations after the initial encounter with this Trooper and reduced the Atlanta DUI charge.
Atlanta/Fulton County DUI dismissed
Client made a right on red that was captured on video by an Atlanta DUI Task Force Officer. Field sobriety evaluations were administered and client was arrested for DUI. The Georgia Implied Consent Notice was read and client refused the State breath test. Case was sent out of Atlanta Municipal Court to Fulton County State Court where the prosecution decided to dismiss the Atlanta/Fulton County DUI charge and the right on red charge.
Atlanta DUI Roadblock dismissed, .206 Breath Test
Client was stopped at a sobriety checkpoint in Buckhead that was set up by Atlanta Police Zone 2 officers. After having difficulty putting the vehicle in park, client exited the vehicle and agreed to perform field sobriety exercises and failed. Client was arrested, read the Georgia Implied Consent Notice and agreed to take the official State breath test blowing a .206 -2 1/2 times the legal limit. Mr. Sullivan challenged the constitutionality of the checkpoint as well as the admissibility of the breath test result. The trial court denied our motions. Unsatisfied with the trial court’s ruling, Mr. Sullivan conducted a stipulated trial to present the case to the Georgia Court of Appeals. The Court of Appeals agreed with Mr. Sullivan that the checkpoint did not meet constitutional requirements and reversed the trial court’s ruling. The Atlanta DUI case was dismissed when it was returned to the appellate trial court.
Atlanta DUI (Refusal) – DUI Dismissed
Client was pulled over in Buckhead for weaving within her lane, crossing the center line, and stopping past the stop bar. A Georgia State Patrol Trooper noted in his report that client smelled of alcohol, admitted that she had been drinking, and performed poorly on the two field sobriety evaluations she agreed to perform. Client declined to submit to provide a sample of her breath at the traffic stop and she was then placed under arrest for DUI. The Trooper noted in his report that when he attempted to place her under arrest, she resisted and a physical altercation resulted. The report that the Trooper had written (describing the client’s impairment) was one of the worst we’ve ever seen. Client had injuries to her face, legs, and arms and we took photographs of all of her injuries. The Trooper’s video recording equipment was suspiciously not working during that incident, so that definitely raised alarm bells. Laura was relentless and continued to meet with the Prosecutors working on the case, and eventually the client’s DUI was dismissed. It was critical that this client avoid a DUI conviction because she drives for her job. Client entered a plea to Reckless Driving, and other minor traffic offenses. Her license was saved, she was able to avoid a DUI conviction, and she never returned to jail!
City of Atlanta DUI: Refusal, Speeding 60/35, Failure to Maintain Lane
Client was stopped for speeding 60 mph in a 35 mph zone and for failing to maintain lane. Client performed field sobriety exercises and submitted to a portable alco-sensor. The officer showed client the results which affected client’s decision to submit to the official state breath test at the jail. DUI charge and failure to maintain lane charges were dismissed and client entered a negotiated plea to reckless driving and speeding, preserving client’s driver’s license and avoiding a DUI conviction.
Municipal Court of Atlanta: Underage DUI – Case Dismissed
Underage client was driving in the Georgia Tech area and was pulled over by an Atlanta DUI Task Force Officer. Client admitted to drinking but performed very well on the field sobriety evaluations. The Officer requested that client submit to a blood, breath, and urine tests because he also suspected drug use and our client agreed. The breath and blood test showed an alcohol level in excess of the legal limit, but the urine screen was negative for drugs. After a thorough investigation, we concluded that the traffic stop was unjustified and presented this information to the City. After lengthy negotiations, the City agreed to dismiss the DUI.
Atlanta Municipal Court: .098 DUI Reduced to Reckless Driving
Client stopped by GSP Nighthawks for Speeding and Failing to Maintain Lane on Piedmont Road in Buckhead. Struggled with field sobriety tests, arrested and blew .098 at the jail. We provided extensive medical records including a spinal fusion to explain poor performance, emphasized clean 35-year spotless driving records, and the City Solicitor agreed to drop the DUI, and allow a plea to Reckless Driving and Speeding. Probably saved client’s banking executive position.
Municipal Court of Atlanta: Underage DUI – DUI Dismissed
Underage client was detained at an intersection in Atlanta because her intoxicated passenger was causing a disturbance. The disturbance drew the attention of a City of Atlanta police officer who was nearby working the scene of an unrelated car accident. The officer approached our client, searched her car and immediately placed her under arrest. The officer failed to complete a DUI investigation and failed to read our client Georgia’s Implied Consent notice. Client was never offered the opportunity to take a chemical test and was immediately transported to the jail. The DUI was dismissed and we were able to successfully resolve her case with a plea to a minor traffic offense, a small fine, and community service hours.