Cobb County DUI Breath Test .173: Reduced to Reckless Driving

Our client was charges with a Cobb County DUI after being stopped for failing to maintain his lane.  Marietta Police conducted an investigation for DUI where our client agreed to submit to field sobriety evaluations.  Our client was subsequently arrested for DUI and took the state breath rest with a result of .173.  The case began in Marietta Municipal Court, but the Marietta DUI charge was sent over to Cobb County State Court to preserve our client’s right to a jury trial.  Mr. Sullivan conducted a motions hearing to exclude the .173 breath test from being admissible at trial.  While the judge was deciding the motions, Mr. Sullivan was able to persuade the prosecutor that the test would be inadmissible at trial.  Subsequently, Mr. Sullivan negotiated with the prosecutor to dismiss the Cobb DUI charge and our client enter a plea to reckless driving.  

Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving

Our young bartender client had just gotten off work.  Naturally, she and her colleagues had an end-of-shift drink.  She decided to follow a friend home.  As the two were pulling through the parking lot to leave, rather fast, her friend braked when she shouldn’t have, causing a rear-end collision with our client listed as the at-fault driver.  Adam Brown discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property.  Adam Brown was also able to show the Chamblee prosecutor that our client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, Adam Brown took the case up with the arresting Chamblee DUI officer, who later advised the State that there was no objection to a reduction in charges.  As a result of getting the officer on board, the Chamblee prosecutor agreed to reduce this over the limit case to reckless driving.

DeKalb County DUI, .154 breath test; Hit and Run: DUI charges dismissed

Our client rear-ended a car while exiting the expressway in Dunwoody, GA.  He decided not to stop at the scene, but eventually stopped in Chamblee, Ga.  A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody.  A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police.  He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia.  Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak.  The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.  

Henry County DUI: Reduced to Reckless Driving

Our client was pulled over after he made a wide right turn and then did not fully stop at two stop signs.  He was pulled over by a Henry County DUI officer and subsequently agreed to perform field sobriety evaluations, including a portable alcosensor.  He was arrested for DUI and the traffic violations and took the state breath test, which were .081, .078.  Mr. Sullivan was able to negotiate with the prosecutor to outright dismiss the Henry County DUI charge and enter a negotiated plea to minor traffic offenses. 

Smyrna DUI, .088 Breath Test: Reduced to Reckless Driving

Our client was stopped by a Smyrna DUI police officer for driving on the wrong side of the road and failure to maintain lane.  Client agreed to perform field sobriety evaluations (which the officer had our client do off camera).  He was subsequently arrested for DUI.  Our client agreed to take the state breath test at the Smyrna Police Station and blew a .088, .099 (the legal limit is .08).  Mr. Sullivan was able to avoid an administrative license suspension and negotiate successfully with the prosecutor a dismissal of the Smyrna DUI in exchange for a plea to Reckless Driving. 

Gwinnett DUI: Roadblock, .082; .077 Breath Test Not Guilty

James “Skip” Sullivan represented a client in a Gwinnett County roadblock case where the client was speeding up to the roadblock and cut off another driver before stopping at the Gwinnett DUI roadblock.  The roadblock was set up by Gwinnett DUI task force officers (the only officers that have video in their patrol cars).  For reasons not credible, the Gwinnett DUI task force officers elected not to use their videos during this roadblock, nor during the transport of our client to the Gwinnett County Jail.  The Gwinnett DUI task force officer that conducted a DUI investigation claimed that our client had very sleepy, droopy, bloodshot eyes, and that his speech was heavily slurred.  The  Gwinnett DUI officer also claimed that our client was unsteady on his feet.  His breath test results were .082, .077.  Even though the Gwinnett police decided not to use video, our client had a dash camera that we played during trial.   Although the video showed our client cutting off another driver and coming up to the roadblock fast, he looked fine, no droopy/sleepy eyes, and was steady on his feet for the brief time he was on camera.  His speech was also not slurred.   The prosecution offered a reckless driving offer before trial, but our client rejected. The jury found our client not guilty of DUI and not guilty for cutting off the other driver.  The prosecution elected not to charge our client with speeding.

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 Adam Brown’s 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.

Atlanta DUI, .129 breath test: Dismissed

Georgia State Patrol Trooper stopped our client for making an improper turn out of a bar in Buckhead.   Our client agreed to perform field sobriety evaluations and was subsequently arrested for DUI.  Our client agreed to take a breath test and blew a .129.   After negotiations were not successful in Atlanta Municipal Court, Mr. Sullivan moved his client’s case over to Fulton County State Court for a jury trial.  The prosecution failed to file charges against our client in Fulton County State Court within two years of the arrest date and the charges were dismissed.  

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!