Covington DUI Refusal: Reduced to Reckless Driving

A concerned citizen was following our client and called in to Georgia State Patrol that our client was failing to keep the vehicle in a single lane.  A Georgia State Trooper spotted our client’s vehicle and also noticed it failing to maintain the vehicle within the lane.  The trooper initiated a traffic stop in Covington, Georgia and after a brief conversation, allowed our client to drive off.  The Trooper then saw our client drive off onto the shoulder of the road and stopped the vehicle again.  A DUI investigation began, where our client performed field sobriety evaluations and tested high on a portable alcosensor (almost twice the legal limit).  Our client was subsequently arrested for a DUI in Covington.  Mr. Sullivan was able to convince the prosecutor that the client performed well enough on field sobriety evaluations that a jury might not convict on the DUI charge.  The prosecutor agreed and a plea to reckless driving was negotiated. 

Johns Creek Underage (Under 21) Alcohol Possession: Dismissed

Our seventeen year old client was involved in soliciting a person to buy alcohol for him and a friend in Johns Creek.  At the same time of the purchase, Johns Creek Police Department was conducting a sting operation to catch people who buy alcohol for kids who are under 21.   Once the sale of alcohol was complete and our client and friend received the alcohol, Johns Creek moved in and detained our client and friend.  Our client was then charged with underage alcohol possession in Johns Creek.  Mr. Sullivan was able to get his client into a pretrial diversion program, which our client completed successfully.  This resulted in the charge being dismissed by the court.  This also saved our young client from having a criminal history, let alone a conviction for underage alcohol possession.  

Braselton Traffic Tickets: Driving While License Suspended, Speeding Dismissed

Our out of state client was stopped for speeding in Braselton going 90 mph in a 70 mph zone.  A license check determined that our client’s out of state license was suspended.  Mr. Sullivan was able to convince the prosecutor to dismiss the Braselton Driving While License Suspended  charge and the Speeding charge (which would have resulted in a super speeder assessment by Georgia DDS if convicted).  A plea to Basic Rules and a city ordinance was negotiated, where the charges would not be reported to Georgia Department of Driver Services and would also not be reported on client’s criminal history. 

Spalding County DUI, .40 Blood Test: Reduced

In her Spalding County DUI case, our client lost control of her vehicle and crashed into a collision repair shop parking lot in Spalding County.  A witness saw the accident and called police.  Georgia State Patrol responded and conducted an investigation.  Due to the accident, no field sobriety evaluations were performed, but the trooper noticed a very strong odor of an alcoholic beverage from our client.  Our client was transported to the hospital for treatment. Our client was charged for DUI in Spalding County and blood was draw for testing at the GBI.  The blood test result was .40, five times the legal limit.   Mr. Sullivan was able to persuade the prosecution that due to the delay of the case and admissibility issues of the state’s blood test to dismiss the DUI charge, resulting in a negotiated plea to Too Fast for Conditions and Reckless Driving.  

Gwinnett DUI refusal: Reduced to Reckless Driving

Mr. Sullivan’s client failed to maintain her lane to the point that she struck a curb and blew two tires out, observed by a citizen who called the Gwinnett Police.  Client was visibly intoxicated and had very thick, slow, and slurred speech.  Our client also could not keep balance while walking.  After a DUI investigation, she was arrested for DUI in Gwinnett County.  The Gwinnett DUI case began in Gwinnett Recorder’s Court, but after plea negotiations failed, the case was sent to Gwinnett State court to preserve our client’s right to a jury trial.  On the day of trial when the case was called, the prosecution offered a reckless driving disposition that our client accepted. 

Atlanta DUI Refusal: Dismissed

Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop.  Client looked good on the video and had no slurred speech.  Performed reasonably well on field sobriety evaluation.  Client refused a portable breath test and was arrested for an Atlanta DUI.  Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court  as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial.  Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services). 

Atlanta DUI Combination Drugs/Alcohol Quashed in Fulton County

Client was arrested in Atlanta by Trooper Tarpley in 2014, blew .069 but admitted taking some Rx medication, so blood test was requested but refused.  Reckless Driving was offered in Atlanta, but client declined the onerous conditions.  In Fulton County filed a last-minute accusation charging DUI Alcohol Less Safe.  Case was set for trial, and State amended accusation to DUI Combination Drugs/Alcohol.  Partner Bob Chestney moved to quash the amended DUI count, and the Court granted the motion.  Client entered a plea to Reckless Driving with much more reasonable terms than those offered in Atlanta.

Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving

Our young bartender client had just gotten off work.  Naturally, she and her colleagues had an end-of-shift drink.  She decided to follow a friend home.  As the two were pulling through the parking lot to leave, rather fast, her friend braked when she shouldn’t have, causing a rear-end collision with our client listed as the at-fault driver.  We discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property.  We were also able to show the Chamblee prosecutor that our client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, we took the case up with the arresting Chamblee DUI officer, who later advised the State that there was no objection to a reduction in charges.  As a result of getting the officer on board, the Chamblee prosecutor agreed to reduce this over the limit case to reckless driving.

DeKalb County DUI, .154 breath test; Hit and Run: DUI charges dismissed

Our client rear-ended a car while exiting the expressway in Dunwoody, GA.  He decided not to stop at the scene, but eventually stopped in Chamblee, Ga.  A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody.  A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police.  He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia.  Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak.  The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.  

Clayton County DUI, Improper Parking on Interstate: Dismissal of all Charges

In a must-win situation, our medical professional client faced a nightmare situation, where the incident report looked awful at first glance.  Our client was found in a compromising situation on I-75 late one rainy night.  Her car suddenly lost power while driving on I-75 in Clayton County, Georgia.  She was able to navigate her disabled car almost fully into the left emergency lane of I-75.  Naturally, someone called 911 and claimed that a driver was all over the road, was partially parked in the fast-lane, and was likely drunk.  Unfortunately, at that same time our client urgently needed to urinate.  Because of her location on the interstate she was unable to get out of her car, so she grabbed a cup and did her best.  Adding insult to injury, the cup of urine spilled all over her pants.  Instead of pulling up her soaked pants, she decided to sit with her pants down until help arrived.  While waiting, she fell asleep.  What occurred next is a prime example of why it is important to investigate your Clayton County DUI case.

  • The Clayton County officer documented that he tried to wake our client up for five minutes. Our investigation revealed that to be a gross exaggeration.  
  • The officer documented that he was able to simultaneously observe our client’s front and rear private areas—while she was sitting down.
  • The officer documented that our client had difficulty standing up while walking. Our investigation yielded dash-camera footage showing she walked fine.
  • The officer documented that our client admitted to drinking “2-3 drinks,” despite that statement being nowhere on the video.
  • The officer documented that he did not ask our client to perform any field sobriety evaluations due to “safety concerns.”  Our investigation revealed that he moved our client to a much safer location where the evaluations could have been performed, and we also uncovered the likely real reason—that the arresting officer was not trained in field sobriety testing.
  • Lastly, when the officer arrested our client for her Clayton County DUI, the officer failed to properly read the Georgia implied consent notice—twice—which resulted in the suppression of our client’s refusal to take the state administered breath test.

We prepared for a jury trial in Clayton County State Court on the seven-count accusation, and planned to call multiple rebuttal witnesses to tell the real version of events.  When the Clayton County Police officer failed to show up on the morning trial, the prosecutor had no choice but to dismiss the entire case.