Cobb County DUI & Child Endangerment Dismissed

Client arrested for DUI in Cobb County with her three-year-old child in the car, resulting in the additional charge of DUI-Child Endangerment.  The arrest unfortunately even made the nightly news on a local TV channel.  After a thorough investigation, it appeared that the evidence of the Cobb County DUI consisted primarily of the opinion of the clerk of a convenience store (and of course the opinion of the police officers who came to the scene).  There was no evidence of impaired driving, and the client declined roadside field sobriety testing, as well as a breath test.  Attorney Bob Chestney was able to convince the prosecutor that the DUI charges could not be proven beyond a reasonable doubt, so those charges were dismissed upon a plea of guilty to Reckless Conduct and Failure to Have Child Properly Restrained.

DeKalb – DUI (Refusal) – Dismissed

Client was traveling late at night on Interstate 285 in a rental car without her headlights illuminated. She had not driven this rental car in the evening before and was unaware that her headlights were off. A well-trained Dunwoody police officer pulled her over and client stopped right in the middle of the highway! After a brief conversation, and after the client declined to submit to any field sobriety evaluations, he arrested her for DUI. The police officer described client as argumentative, confused, and untruthful in his report. He also noted that he smelled alcohol on her breath. Upon a search of her rental car, he found a variety of prescription medications. Client declined to submit to a breath test at the jail. In court, we convinced the Prosecutor that there was no probable cause to arrest the client for DUI before the motion hearing even began, despite the fact that the client had been arrested for DUI before this arrest, and again after this arrest. We were able to persuade the Prosecutor to let the client enter a Guilty plea to Driving without Headlights and pay a $100 fine. Case closed and client walked free!

Roswell DUI (Breath Test .120) – Dismissed in Fulton County

Client was stopped at 4:00 am by Roswell Police Off. Ott – who is a highly trained and experienced DUI cop – for failing to maintain her lane.  Video showed over three minutes of driving before being stopped, and she hit or crossed over the lines 4-5 times, but always on the inside line of a curve.  Mr. Chestney argued that this was normal driving, and was “as nearly as practicable within a single lane” as the statute requires.  Judge Porter agreed, and granted a motion to exclude all evidence gathered from the traffic stop.  The state chose to dismiss rather than appeal her decision.

Atlanta DUI Roadblock dismissed, .206 Breath Test:

Client was stopped at a sobriety checkpoint in Buckhead that was set up by Atlanta Police Zone 2 officers.  After having difficulty putting the vehicle in park, client exited the vehicle and agreed to perform field sobriety exercises and failed.  Client was arrested, read the Georgia Implied Consent Notice and agreed to take the official State breath test blowing a .206 -2 1/2 times the legal limit.  Mr. Sullivan challenged the constitutionality of the checkpoint  as well as the admissibility of the breath test result.  The trial court denied our motions.  Unsatisfied with the trial court’s ruling, Mr. Sullivan conducted a stipulated trial to present the case to the Georgia Court of Appeals.  The Court of Appeals agreed with Mr. Sullivan that the checkpoint did not meet constitutional requirements and reversed the trial court’s ruling.  The Atlanta DUI case was dismissed when it was returned to the trial court.

Atlanta DUI (Refusal) – DUI Dismissed

Client was pulled over in Buckhead for weaving within her lane, crossing the center line, and stopping past the stop bar. A Georgia State Patrol Trooper noted in his report that client smelled of alcohol, admitted that she had been drinking, and performed poorly on the two field sobriety evaluations she agreed to perform. Client declined to submit to provide a sample of her breath at the traffic stop and she was then placed under arrest for DUI. The Trooper noted in his report that when he attempted to place her under arrest, she resisted and a physical altercation resulted. The report that the Trooper had written (describing the client’s impairment) was one of the worst we’ve ever seen. Client had injuries to her face, legs, and arms and we took photographs of all of her injuries. The Trooper’s video recording equipment was suspiciously not working during that incident, so that definitely raised alarm bells. Laura was relentless and continued to meet with the Prosecutors working on the case, and eventually the client’s DUI was dismissed. It was critical that this client avoid a DUI conviction because she drives for her job. Client entered a plea to Reckless Driving, and other minor traffic offenses. Her license was saved, she was able to avoid a DUI conviction, and she never returned to jail! 

Cherokee County DUI, .162 breath test, Failure to Report an Accident Dismissed

Defendant had struck a mailbox, accent light and some bushes in a neighborhood and left the scene.  A deputy with the Cherokee County Sheriff’s Department investigated the accident and found a piece of a car that through a search of the part number through Google, was able to determine the make and model of the vehicle.  The deputy patrolled the neighborhood where the accident occurred and came upon a residence with a garage door open.  Inside the garage was a vehicle matching the description of the results the deputy found in his Google search.  The deputy walked down the driveway of the residence and found the defendant asleep behind the wheel of the vehicle.  A DUI investigation was conducted, defendant was arrested and the defendant blew .162 and .168 on the State’s breath test.  The issue was whether the deputy could enter the open garage to investigate the accident without a warrant.  the Cherokee trial judge agreed with Mr. Sullivan in granting his motion to suppress all evidence when the deputy entered the garage as there were no “exigent circumstances” justifying the garage without a warrant.  The prosecution elected to dismiss the case as the judge’s ruling left the prosecution with no admissible evidence to prosecute the case.

Fulton County DUI: Charge Dismissed

An Atlanta Police Officer working part-time with Midtown Blue arrested our client in April 2012 after a disturbance at a convenience store at about 8:00 am. Client declined to do field sobriety tests or breathalyzer, but was taken to Grady Memorial Hospital after fainting from an anxiety attack. We retrieved medical records from Grady showing that client was not intoxicated, and the solicitor dismissed the DUI charge. No other charges were brought.

Alpharetta DUI: “Refusal” Stricken, Charges Dismissed During Trial

Client investigated in Apartment Complex parking lot for Reckless Driving and DUI. Told cops he had just consumed one drink just as he had pulled up and parked. After field sobriety tests, he was arrested, read implied consent and declined a breath test, saying, “No, I’d like to take a blood test.” The officer’s reply on video was “okay.” After being bound over to Fulton County, a bench trial was conducted along with motions simultaneously. A conflict was developed between the two officers’ testimony regarding whether there was a traffic stop with witnessed driving, or whether the property manager had asked the officer to find the white truck and investigate. The Court ruled that there was no refusal, as charged by the State, due to the officer’s response. And more importantly, she held that the State had not carried its burden of showing the initial detention to be lawful. DUI and Reckless Driving dismissed.

Gwinnett County Recorder’s Court: .083 – DUI Dismissed

Client was pulled over by a Gwinnett County Police Officer after he spotted her driving on the sidewalk. The officer smelled an odor of alcohol coming from her breath, noted in his report that her eyes were bloodshot and watery, and client admitted drinking. After a review of her case, we urged the State to dismiss the DUI due to the low test result and the minimal manifestations of impairment. The State eventually agreed. Client was thrilled that we avoided a DUI conviction, saved her driver’s license, and that she did not have to return to jail. Client assumed that since she blew over the legal limit, a DUI conviction was automatic. And, had she hired an attorney who was not well-versed in the caselaw differentiating what evidence is and is not sufficient for a conviction for DUI, her case may have turned out differently.