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. 

Atlanta DUI Single Car Accident (Dismissed)

Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County.  He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house.  Fire, EMS, and Atlanta Police showed up on the scene.  the Atlanta police conducted a DUI investigation while EMT’s were working on our client.  Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice.  He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system.  The DUI case started in Atlanta Municipal CourtMr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court.   Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case.  At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result).  The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving. 

Forsyth County DUI (Not Guilty)

Our client made a wide turn onto another road and almost collided with another vehicle (caught on camera by the Forsyth County DUI Deputy).  Our client immediately pulled into a Waffle House and was detained by the deputy for a Forsyth County DUI investigation.  Our client agreed to perform field sobriety evaluations and was subsequently arrested for a DUI in Forsyth County.  He refused to submit the state administered breath test and was served a notice of an administrative license suspensionMr. Sullivan conducted a hearing for the the administrative suspension and was able to use a transcript from that hearing to his client’s advantage at his DUI jury trial in Forsyth County.  the Forsyth County jury found our client Not Guilty of the DUI, but did convict him on minor traffic offenses.  The DUI acquittal enabled our client to get his license reinstated.  

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. 

Atlanta DUI Refusal (Dismissed)

An Atlanta DUI Task Force Officer was on patrol when he saw our client run a red light (on video).  He initiated a traffic stop and conducted a DUI investigation.  Our client looked reasonably well on the video, but the Atlanta DUI officer made a DUI arrest anyway.  Our client refused to submit to the state breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for our client and negotiated an outright dismissal of the DUI charge in exchange for a plea to minor traffic offenses with the Atlanta Municipal Court DUI prosecutor

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. 

DeKalb DUI .291 Blood Test (dismissed)

Mr. Sullivan represented a client that was involved in a significant single car accident in Decatur Georgia.  Our client went off the road and struck a utility pole.  A Decatur DUI officer arrived on scene and conducted a DUI investigation.  Our client had a significant cut to the lip and was transported to the hospital for treatment.  While at the hospital, the Decatur DUI officer read the Georgia Implied Consent Notice to our client, who agreed to a blood test.  The blood test result was .291.  The legal limit in Georgia is .08.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the blood test was inadmissible because client was not under arrest at the time the notice was read.  The prosecutor agreed to dismiss the DUI charges in exchange for a plea to a lesser traffic charge of Reckless Driving. 

Chamblee DUI (Dismissed)

Mr. Sullivan represented a client who was stopped by a Chamblee DUI officer for speeding.   Our client was extremely argumentative towards the officer during the course of the DUI investigation.  the Chamblee officer dished it right back to our client.  Eventually our client agreed to perform field sobriety evaluations and was arrested for DUI and Speeding.  Our client refused to submit to a breath test.  Mr. Sullivan was able to negotiate with the DeKalb County State Court prosecution to dismiss the DUI and the speeding charge in exchange for a plea to Reckless Driving.  Because of our client’s business relationships, a DUI had to be avoided at all costs, so this outcome assured him of that. 

Atlanta DUI Breath Test .117 (Dismissed)

Mr. Sullivan represented a commercial truck driver in Atlanta who was stopped by a Georgia State Patrol DUI Task Force Trooper for not having his headlights on.  Our client also failed to maintain his lane.   The Trooper conducted field sobriety evaluations and our client was arrested for a DUI in Atlanta.  The client agreed to submit to the state breath test and blew a .117.  The legal limit is .08.  Mr. Sullivan challenged the admissibility of the breath test in court along with a motion arguing our client’s right to a constitutional speedy trial was violated.  The court found that the Fulton State Court prosecution was not able to meet it’s  burden at a motion hearing and granted Mr. Sullivan’s motion to dismiss all charges.  Our client’s commercial driver’s license and his career were saved. 

Atlanta DUI (reduced to Reckless Driving)

Our client was stopped in Atlanta by a Georgia State Patrol DUI Trooper for suspended registration.  Client admitted to having two drinks and agreed to perform field sobriety evaluations.  The Trooper marked client off for “clues” during the administration of the tests and arrested client for a DUI in Atlanta.  Our client refused to take the state administered test of her breath.  Mr. Sullivan was was able to persuade the Atlanta DUI prosecutor that the trooper failed to follow his training regarding field sobriety evaluations, and as such, the results were compromised.  The prosecutor agreed to dismiss the DUI charge and the suspended registration charge (a charge that if convicted for, causes a license suspension) in exchange for a plea to Reckless Driving and Expired Tag.