Client was stopped when turning on to wrong side of roadway in Brookhaven. Client agreed to perform field sobriety evaluations and showed sufficient number of clues to arrest for DUI. When asked to submit to the state’s breath test, client agreed after being told several times it was “required”. Client blew a 0.129 on the Intoxilyzer 9000. Mr. Sullivan was able to negotiate the Brookhaven DUI down to a Reckless Driving disposition.
Client was stopped for Failure to Maintain Lane in East Ellijay, Georgia. Client agreed to perform field sobriety evaluations and scored 6 out of 6 clues on the Horizontal Gaze Nystagmus evaluation, 3 out of 8 clues on the Walk and Turn evaluation and 1 out of 4 on the One Leg Stand evaluation. Client was arrested by the East Ellijay DUI officer and refused the state breath test. Mr. Sullivan was able to negotiate a reduced charge and client never had to appear in court.
Our under 21 client was stopped by Johns Creek Police while trying to exit a parking lot without his headlights on. Our client declined field sobriety evaluations but agreed to take the State breath test resulting in a .056 result. The legal limit for someone under 21 is .02. The Prosecutor acknowledged there were issues with the stop and admissibility of the test result and decided to reduce the under 21 Johns Creek DUI charge to reckless driving.
Client was found asleep in the car in the middle of the road with the engine running. A DeKalb DUI Officer observed vomit on client’s clothes and that client had slurred and slow speech. Client admitted to drinking and was unsteady upon exiting the car. Client refused to do field sobriety evaluations and refused to submit to the state’s breath test and was arrested for a DeKalb County DUI refusal. At a motions hearing the charges were reduced after Mr. Sullivan successfully negotiated a Reckless Driving plea with the prosecutor and the judge.
Out-of-State client was stopped for speeding on I-85 at about 8:00 am on his way to the Atlanta Airport from a wedding in Montgomery. His breath still smelled of alcohol from the parties the night before, so the State Trooper felt the need to investigate further. After performing typical roadside gymnastics, he was subsequently arrested for DUI. Since he understood only his GA driving privileges would be suspended for refusing a state-administered test, that is the option he chose. Upon discovering a prescription pill among his belongings, he was also charged with a drug offense
Motions were filed challenging the search and seeking exclusion of evidence, and at the scheduled hearing, Bob Chestney persuaded the prosecutor in Troup County to accept a Nolo plea to Reckless Driving, with all other charges being dismissed.
Client was stopped for speeding in Atlanta. The initial encounter with the Georgia State Trooper was tense with the Trooper berating client – making the client nervous. Client did not perform well on field sobriety evaluations, due to his nervousness. After being placed under arrest and read the implied consent notice, client refused to take the state breath test. During negotiations, the Atlanta DUI prosecutor realized that no one would perform well on field sobriety evaluations after the initial encounter with this Trooper and reduced the Atlanta DUI charge.
Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood. The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999). The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!
Client was involved in an accident after a UGA football game and remained on scene to provide insurance information. Officers showed up and conducted a DUI investigation including submitting to a portable breathalyzer. Client was arrested and refused to submit to a breath test at the jail. Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition with the prosecution and the court.
Client had just recently moved to Atlanta, and was trying to drive and follow Google Maps on her phone at the same time. when she drifted out of her lane, she was stopped in Sandy Springs and subsequently arrested by the senior officer on the DUI Task Force. She had suffered a DUI in NC less than two years prior, and her attorney had told her not to blow if she had anything at all to drink; so she refused the state-administered breath test. Bob Chestney tried the case without a jury in Fulton County, and the result was a conviction of Reckless Driving and Failure to Maintain Lane, but an acquittal on DUI and No License.
Client struck a curb, drifted across to opposite lane of traffic and collided with another car. Client had to be extricated from her vehicle and transported to hospital. Cobb County police officer conducted an investigation and interviewed client at hospital where client had a strong odor of alcohol and admitted to having two glasses of wine earlier. Case was set for a motions hearing. The day of the motions hearing, the State decided not to pursue the DUI charge and we negotiated a reckless driving plea.