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. 

Hall County DUI Reduced (.134 Blood Test)

Client was stopped for speeding in Hall County, did poorly on field sobriety tests and was arrested for DUI (his second).  He agreed to a blood test at the jail, resulting in a BAC of .134.  Bob Chestney  argued that the test results were inadmissible because the state did not prove the blood test was administered in a reasonable manner under the Fourth Amendment.  The judge agreed, and suppressed the test results.  Without those results, the assistant solicitor agreed that the DUI case would be difficult to prove, so the case was closed with a plea to Reckless Driving.

State Court of Fulton County

I am more than satisfied about the outcome, even though it hasn’t fully processed with me yet!  I will definitely be giving you the best review possible.  Thank you so much for your diligence, and thoughtfulness towards my case.  I will recommend you to anyone that I come across, and you will be the one I call if I ever need any legal assistance; even though I do not anticipate ever needing it again.  Thank you so very much! – W.S., Buford, Georgia

DeKalb County Accident – DUI Dropped

Client ran off the road, swerved back onto the road and collided with a wrecker.  His sister suffered a pretty bad injury, and he was also taken to the hospital.  A blood test revealed a BAC of .091.  Bob Chestney filed a motion to suppress the blood test results on several legal grounds, and a hearing was conducted.  At that hearing, Mr. Chestney was able to demonstrate on cross-examination that the nurse who testified that she drew our client’s blood had no recollection of doing so, had seen no records indicating she was the blood drawer, and didn’t even know if she was working that night.  She testified that she drew the blood merely because the prosecutor told her so.

The judge threw out the test results, and the State offered to drop the DeKalb County DUI accident charge in return for a plea to the Reckless Driving charge.