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!  

Atlanta/Fulton County DUI (.109 Breath test) and Reckless Driving – Not Guilty

Our decorated military officer, with a thirteen year career on the line, was pulled over after running a stop-sign in the Virginia Highlands in Atlanta.  Our client agreed to field sobriety exercises and scored a 6/6 on the HGN, 4/8 on the walk and turn, and a 2/4 on the one leg stand.  Our client agreed to breath testing and blew a .109 at the Georgia Tech Police Station.  Our military officer had to take his case to trial to save his career.  Adam Brown took the case to trial with no expert to challenge the state’s .109 breath test (Adam Brown didn’t need an expert with his RN background).  After a hard-fought battle with a veteran Atlanta DUI Task Force officer, the Fulton County jury returned a not guilty verdict on both DUI, and Reckless driving in 15-minutes in Fulton County State Court.

Brookhaven DUI reduced: .099, Independent test .107

Client was stopped for speeding.  Trooper smelled odor of alcohol coming from client.  Client performed field sobriety evaluations and looked good.  Trooper arrested client anyway and client agreed to take the state breath test (0.099).  The legal limit is 0.08.  Client elected to have an independent test and the results were higher: .107.  Mr. Sullivan was able to convince the prosecutor that some of the conversion formulas used to equate a hospital test to a GBI test brought the independent test below .08.  The prosecutor decided to reduce the Brookhaven DUI charge to Reckless Driving and a negotiated plea was entered in Brookhaven Municipal Court.

Doraville/DeKalb DUI dismissed: .113 breath test

Client was stopped by Doraville police for no headlights and failing to maintain lane.  Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video.  After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath.  Client consented and the result was a .113.  Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test.  The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial.  The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.