Covington Possession of Marijuana: Dismissed upon completion of conditions

Our client was stopped by Covington Police for speeding (61/45).   The Covington officer conducted a DUI investigation as our client was acting odd and had restricted pupils.  Our client passed field sobriety evaluations ans was not charged with DUI, however, the officer got consent  to search our client’s vehicle after smelling to odor of burnt marijuana.  During the search, the officer found a container with marijuana in it and was arrested. Mr. Sullivan was able to successfully negotiate a full dismissal of the marijuana charge in exchange for our client performing community service, substance abuse evaluation and a responsible behavior class.  

Smyrna DUI, .088 Breath Test: Reduced to Reckless Driving

Our client was stopped by a Smyrna DUI police officer for driving on the wrong side of the road and failure to maintain lane.  Client agreed to perform field sobriety evaluations (which the officer had our client do off camera).  He was subsequently arrested for DUI.  Our client agreed to take the state breath test at the Smyrna Police Station and blew a .088, .099 (the legal limit is .08).  Mr. Sullivan was able to avoid an administrative license suspension and negotiate successfully with the prosecutor a dismissal of the Smyrna DUI in exchange for a plea to Reckless Driving. 

Gwinnett DUI: Roadblock, .082; .077 Breath Test Not Guilty

James “Skip” Sullivan represented a client in a Gwinnett County roadblock case where the client was speeding up to the roadblock and cut off another driver before stopping at the Gwinnett DUI roadblock.  The roadblock was set up by Gwinnett DUI task force officers (the only officers that have video in their patrol cars).  For reasons not credible, the Gwinnett DUI task force officers elected not to use their videos during this roadblock, nor during the transport of our client to the Gwinnett County Jail.  The Gwinnett DUI task force officer that conducted a DUI investigation claimed that our client had very sleepy, droopy, bloodshot eyes, and that his speech was heavily slurred.  The  Gwinnett DUI officer also claimed that our client was unsteady on his feet.  His breath test results were .082, .077.  Even though the Gwinnett police decided not to use video, our client had a dash camera that we played during trial.   Although the video showed our client cutting off another driver and coming up to the roadblock fast, he looked fine, no droopy/sleepy eyes, and was steady on his feet for the brief time he was on camera.  His speech was also not slurred.   The prosecution offered a reckless driving offer before trial, but our client rejected. The jury found our client not guilty of DUI and not guilty for cutting off the other driver.  The prosecution elected not to charge our client with speeding.

Gwinnett DUI: Refusal, speeding 90 mph in a 50 mph zone

Our client made a wide left turn after stopping at a red light and then failed to maintain his lane as he approached a parkway in Gwinnett County.  The Gwinnett County DUI Officer estimated our client’s speed exceeding 90 mph on the parkway before he initiated a traffic stop. Because of the condition of the roadway, only the horizontal gaze nystagmus and one leg stand evaluations were done.  Officer noticed slurred speech, some balance issues, and bloodshot, glassy eyes.   No video.  Our client was arrested for DUI and refused the state breath test.  Mr. Sullivan conducted an extensive pretrial motions hearing that locked two officers in contradictory testimony and established the condition of the roadway may have impacted field sobriety evaluations.  After being placed on multiple trial calendars and finally being reached for trial, the prosecution agreed the morning of trial to dismiss the Gwinnett DUI in exchange for a plea to reckless driving only.  

Atlanta Georgia State Patrol DUI Refusal: reduced to Reckless Driving

Our client was stopped by Georgia State Patrol in Buckhead for no headlights.  Client smelled of alcohol and marijuana.  Admitted to smoking marijuana a few hours prior to driving.  Performed field sobriety evaluations and was arrested for DUI.  Our client refused the state administered breath test and his license was suspended administratively for one year (no permit available).  Mr. Sullivan sent the case over to Fulton State Court from Atlanta Municipal Court had the case expedited for trial.  Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition and had the administrative license suspension lifted upon the negotiated plea.  The DUI charge and No Headlight charge were dismissed by the prosecution. 

Atlanta Georgia State Patrol DUI: Refusal reduced to Reckless Driving

Our client was stopped by a Georgia State Patrol Trooper in Atlanta and was told to submit to field sobriety evaluations.  Field sobriety evaluations are voluntary, meaning drivers do not have to do them if they don’t want to.  Here, our client was directed to perform them.  Our client looked good during the evaluations and there was no slurred speech.  After being placed under arrest, our client refused to submit to a breath test and faced a one year administrative license suspension with no permit.  Mr. Sullivan was able to persuade the Atlanta prosecutor that it would be difficult for the prosecution to win on the DUI charge and the DUI charge was reduced to reckless driving.  Mr. Sullivan was also able to avoid a one year administrative license suspension of our client’s driver’s license. 

Atlanta DUI: Refusal, reduced to Reckless Driving

Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted.  Our client did not perform very well on field sobriety evaluations and was arrested for DUI.  He refused the state test of his breath and the trooper initiated a license suspension action.  Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving.  The Atlanta DUI charge was dismissed.  Mr. Sullivan was also able to prevent our client’s license from being suspended. 

Cobb County DUI: reduced to Reckless Driving

Our client was stopped for speeding (65 mph in a 45 mph zone), and failure to maintain lane.  Our client’s license was also expired.  The Cobb police officer smelled the odor of alcohol and conducted a DUI investigation which included the Horizontal Gaze Nystagmus evaluation, walk and turn, and one leg stand.  Our client looked reasonably well on the video.  Mr. Sullivan was able to negotiate a reduced charge of Reckless Driving and all other charges, including the Cobb DUI charge were dismissed. 

Fulton County DUI .19 Breath Test – Dismissed

Our 25 year old software engineer executive drove his car at night without headlights on.  After a Georgia State Trooper did a typical Atlanta DUI investigation, our client was arrested.  Later at the jail he blew a .19 on the state administered breath test.  The case finally made its way to Fulton County State Court.  The state requested a continuance of the motions hearing due to the Trooper being unavailable.  Four months later the State requested a second continuance.  Because of our investigation we knew that the Trooper had been transferred to a new post hours away.  The judge agreed with Adam Brown’s argument that the State had had many months to subpoena the Trooper, and failed to bring him to court. Accordingly, the judge granted all of our motions to suppress evidence, and the case was dismissed.

Barrow County DUI Refusal: Reduced to Reckless Driving

Our military client was stopped for failing to maintain lane by a Barrow County Sheriff’s Deputy who specializes in DUI cases.  Client agreed to perform field sobriety exercises and was subsequently arrested for DUI.  Our client refused the officer’s breath test and faced an administrative license suspension for a year.  Mr. Sullivan was able to get the DUI charge reduced in court with the help of the deputy and also avoided a one year suspension of his client’s license.