Success in Smyrna DUI Refusal case (reduced to Reckless Driving)

Our client was observed by Smyrna Police failing to maintain his lane and touching the double yellow line several times while driving.  the Smyrna DUI officer initiated a traffic stop and began a DUI investigation after he smelled alcohol.  Client agreed to perform field sobriety evaluations and performed less than stellar on the walk and turn evaluation, but looked good on the one leg stand evaluation.  He refused a portable alcosensor.  Client also made some incriminating statements after he was arrested for his Smyrna DUIMr. Sullivan was able to avoid an administrative license suspension for our client and was able to successfully negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving. 

Cobb County Hit and Run (dismissed/not filed)

Our client hired Mr. Sullivan before the police reached out to interview him in regard to a hit and run in a parking lot at a hotel in Cobb County.  There was also evidence of a possible DUI charge.  When the Cobb County Police Department’s specialized unit that deals with Hit and Run cases contacted our client, our client did not provide a statement and directed them to Mr. Sullivan.  Due to the facts of this case, Mr. Sullivan advised his client that he was not going to make any statements, let alone meet with the investigator.  Nor would our client make any statements to the insurance company until the potential criminal case was resolved.  Mr. Sullivan acted as the intermediary between his client and the insurance company and provided just enough information to allow the claim to the other party be paid without exposing our client to make a statement that might incriminate himself.  We provided the investigator insurance information and only disclosed that our client was the owner of the vehicle involved in the collision.  The police would have that information from the tag number provided to the police by a caller the night of the collision.  Mr. Sullivan agreed also to provide insurance information for the other party whose vehicle was struck.  Because of this strategy, the investigator was unable to put our client behind the wheel as the driver, thus could not bring charges of Hit and Run or DUI.  We provided the investigator information that our client’s insurance paid the claim and the investigator closed the case with no criminal charges ever being filed. 

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.  

Sandy Springs Marijuana Possession (Pretrial Diversion/Dismissal)

Client was detained in a parking lot with several other individuals where the officer suspected illegal drugs in their car.  An investigation followed where the officer was granted the ability to search their vehicle which turned up marijuana in an amount less than one ounce and our client was subsequently charged.  The case was in Sandy Springs Municipal Court where Mr. Sullivan was able to negotiate a pretrial diversion disposition – meaning that if the client passed a few drug tests, paid an administrative fee, and performed 24 hours of community service, the charge would be dismissed (resulting in no conviction). 

Lilburn DUI, Speeding, Failure to Dim Headlights (DUI dismissed)

Our client was stopped by Lilburn Police for travelling 61 mph in a 40 mph zone.  She also had her brights on.  Our client agreed to perform field sobriety evaluations and based upon the results of the evaluations, she was arrested for DUI in Lilburn.  She refused to submit to the state administered breath test and faced a one year license suspension of her driving privileges due to the refusal.  Mr. Sullivan was able to navigate the administrative license suspension action while the DUI case was pending in Lilburn Municipal Court.  Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange to a plea of Reckless Driving and 

Atlanta DUI (two car accident), reduced to Reckless Driving

Our client ran a red light in Atlanta and struck another vehicle.  Atlanta Police responded to investigate. Our client admitted to drinking and after an investigation, was arrested for DUI in Atlanta.  He agree to take the state’s breath test at the jail, but after an unexplained two hour delay, his alcohol level dropped to a .077.  The Fulton County State Court prosecution had the ability to present evidence that our client was over .o8 at the time of driving as well as being DUI less safe.  Mr. Sullivan was able to persuade the prosecution that they would still have a difficult time proving its case beyond a reasonable doubt.  The Atlanta DUI and Red Light charges were dismissed in exchange for a negotiated plea to Reckless Driving.  

Union City DUI (dismissed), plea to Reckless Driving

Our client was stopped by Union City Police from a call of a disturbance at a gas station (client got into a heated argument with the clerk).  Officer also noticed a headlight out.  Client showed signs of drinking and impairment and was arrested for DUI and No Headlight.  Client also lived out of state and missed his court appearance for his Union City DUI in Fulton County State Court and a bench warrant was issued.  Mr. Sullivan was able to get the bench warrant lifted in Fulton County State Court and negotiate a dismissal of the Union City DUI charge in exchange for a plea to Reckless Driving. 

Chestney & Sullivan partner Bob Chestney discusses Georgia DUI law on NPR station 90.1 WABE

Bob Chestney had the pleasure of being interviewed by Rose Scott on Closer Look, NPR station WABE 90.1.  He, along with representatives from the Governor’s Office of Highway Safety and Georgia State Patrol discussed a wide range of issues relating to DUI arrests in Georgia.  With the holiday season upon us,  expect Georgia State Patrol and local Georgia law enforcement agencies to be conducting concentrated patrols and sobriety checkpoints.  Check out the interview below:

https://www.wabe.org/episode/closer-look-cabbagetown-vandalism-nighthawks-dui-task-force/

Roswell Fleeing and Attempting to Elude: Reduced to Reckless Driving

Our client was clocked doing 92 in a 65 mph zone on Georgia 400 south by Roswell Police.  The Roswell police officer attempted to catch up to our client to initiate a traffic stop.  Our client took a quick turn onto a side street and ran through a stop sign while the officer was pursuing him with his emergency equipment on.  Client eventually stopped and was placed in an investigatory detention and charged with speeding, fleeing and attempting to elude, and reckless driving.  Fleeing and attempting to elude carries a very harsh statutory mandatory minimum penalty of 10 days in jail.  Mr. Sullivan was able to convince the prosecutor in Roswell that this particular case did not warrant the prosecutor pursuing the fleeing and attempting to elude charge or the speeding charge (a 4 point offense) and negotiated a plea to only the reckless driving charge, avoiding jail time for our client. 

Carrollton Driving While License Suspended: Dismissed

Our client was stopped by a City of Carrollton police officer and cited for driving while license suspended.  The license was suspended prior to the stop due to our client paying a speeding ticket on line and not realizing that it caused a $200 assessment by Georgia Department of Driver Services for super speeder.  The assessment went to an old address and caused the license to be suspended for failing to pay the $200 DDS assessment on time.  Mr. Sullivan was able to assist his client in clearing up what was causing the license suspension, which in turn helped Mr. Sullivan negotiate a full dismissal of the driving while license suspended charge in Carrollton Municipal Court.