James “Skip” Sullivan represented a driver charged with a DUI in Atlanta, where his client ran a red light and almost collided with another vehicle. The driver of the other vehicle called police and followed our client, who stopped in front of an Atlanta Police precinct. A DUI investigation was conducted by an Atlanta police officer, where the officer observed major damage to our client’s car. Our client could not recall how the damage got there or when it happened. Our client was arrested and charged with DUI. Mr. Sullivan decided to move the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial. Mr. Sullivan believed our client’s due process rights were violated as our client was never read the Georgia Implied Consent Notice, nor was he afforded the opportunity to submit to a chemical test. The prosecutor in Fulton County State Court agreed and dismissed the DUI charge in exchange for a plea to Reckless Driving.
If you or a loved one have been charged with a DUI in Atlanta, Fulton County, or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777.
Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County. He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house. Fire, EMS, and Atlanta Police showed up on the scene. the Atlanta police conducted a DUI investigation while EMT’s were working on our client. Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice. He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system. The DUI case started in Atlanta Municipal Court. Mr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court. Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case. At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result). The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving.
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.
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).
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. We were 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.
Mr. Sullivan was able to save our client’s license from being administratively suspended for a year for refusing the state’s breath test after being arrested for an Atlanta DUI by a Georgia State Patrol Nighthawks DUI task force trooper. Our client made an illegal u turn in view of the trooper and was stopped in a gas station parking lot. Our client’s passenger was having a medical emergency. Our client had noticeable slurred speech, but performed reasonably well on field sobriety evaluations. He was arrested for DUI and refused the state breath test at the jail. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving, avoiding an Atlanta DUI conviction, but also avoiding a one year suspension of our client’s driver’s license.
Our client made an illegal turn on red right in front of the Atlanta DUI Task Force Officer. a traffic stop was conducted, where our client was visibly impaired on the video. His speech was also heavily slurred, and he berated the officer throughout the entire time the video was running. Mr. Sullivan was able to persuade the Atlanta prosecutor to reduce the DUI charge down to Reckless Driving and saved our client his driving privileges as well as avoiding a DUI conviction.
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.
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.
Our client, who has a commercial driver’s license, was involved in a traffic accident when he failed to maintain his lane. He was issued a traffic ticket and represented himself in Atlanta Municipal Court. He sent his case over to Fulton County State Court for trial. He moved and did not get notice of his arraignment date in Fulton State Court and a bench warrant and bond forfeiture was issued. His license was suspended for failure to appear at his court date. He subsequently hired our firm. We quickly got his case out of bench warrant/bond forfeiture status and placed his case on the very next bench trial calendar in Fulton State Court. Mr. Sullivan was able to successfully negotiate a full dismissal of the traffic ticket and client was able to get his commercial driver’s license reinstated.