Our client stopped to use the restroom at a closed park in Cobb County. While n the parking lot, Cobb County Police Officers detained our client for being in the park after hours and conducted a DUI investigation. Our client performed reasonably well on field sobriety evaluations, but was still placed under arrest for DUI in Cobb County. Our client agreed to take the state administered breath test, which the result was a .104. The legal limit in Georgia is .08. Mr. Sullivan filed numerous motions challenging the stop and the admissibility of the breath test on statutory and constitutional grounds. The was a case Mr. Sullivan was preparing to take up to the appellate courts, however, the Cobb County State Court prosecutor agreed to dismiss the DUI charges and the county park curfew charge in exchange for a negotiated plea to Reckless Driving.
Tagged: breath test
Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)
Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard. The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client. Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County. The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used. Our client agreed to submit to the state administered breath test and the result was a .089. The legal limit in Georgia is .08. The intoxilizer machine displayed an unexplained error during our client’s breath test. Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests. Mr. Sullivan was setting this case up for appellate review. On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving.
Walton County DUI: .099 Breath Test (Dismissed)
Our client was stopped for failing to maintain her lane by a Walton County DUI trained deputy. The failure to maintain lane is clearly visible on the video. The Walton County Deputy did not properly administer the Horizontal Gaze Nystagmus test, client does well on the walk and turn evaluation but does poorly on the one leg stand evaluation. It is apparent that it was cold on the video. Client is arrested and charged with a Walton County DUI. She agrees to take the state breath test and blows a .099. The legal limit in Georgia is.08. Mr. Sullivan was able to negotiate with the Walton County prosecutor to dismiss the DUI charge and the Failure to Maintain Lane charge in exchange for a plea to Reckless Driving.
Gilmer County DUI: .143 Breath Test (Dismissed)
Mr. Sullivan represented a client who was camping in Gilmer County. His vehicle got stuck in the mud and a tow truck was called. A 911 call was placed and a Gilmer County Sheriff’s Deputy went to the tow truck company and followed our client. It was raining and our client did not have his head lights on. A traffic stop was initiated and a DUI investigation took place. The deputies were very friendly, but were not proficient in field sobriety evaluations and also did not place our client under arrest before the Georgia Implied Consent Notice was read. Our client did agree to take the state breath test and the result was .143. The legal limit in Georgia is .08. He was charged with a Gilmer County DUI. Mr. Sullivan was able to persuade the prosecutor that the deputies did not follow training protocol for standardized field sobriety evaluations and the results are compromised. Also, the breath test was inadmissible because our client was not under arrest when the implied consent notice was read. The prosecution still could have proceeded on a DUI “less safe” charge, but agreed to dismiss the DUI charges and our client entered a plea to a lesser traffic offense of Reckless Driving.
Roswell DUI, .096 Breath Test (case dismissed)
Our Roswell client was behind the wheel in the parking lot of a hotel he was staying at. He was asleep behind the wheel with some evidence of spittle on his pants that the Roswell DUI officers mistook for some other bodily fluid…. The Roswell police were altered to our client’s car when he fell asleep and his head laid on the horn. When they arrived they also noticed that his car was not aligned in the parking space. Client admitted to being at a sports bar earlier and wanted to sober up before he went inside to his family. After performing field sobriety evaluations, he was arrested and charge with a DUI in Roswell. He agreed to take the official breath test and the result was .096 (the legal limit in Georgia is .08). After negotiations did not achieve a non-DUI resolution in Roswell Municipal Court, Mr. Sullivan sent the case to Fulton County State Court and strategically filed a Constitutional Speedy Trial Demand. When the case was finally filed in state court and brought to a hearing, Mr. Sullivan argued effectively that a delay of more than two years to bring the case to trial harmed his client and argued for a dismissal based on our client’s right to a speedy trial. The Fulton County State Court trial judge agreed and dismissed the case.
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. We discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property. We were 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, we 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.