Johns Creek DUI Refusal of Breath Test: Reduced to Reckless Driving

Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic.  Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over.  Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.”  Our client refused to blow on the alcosensor, and later refused the state’s breath test.  Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.

Atlanta DUI, speeding: Reduced to Reckless Driving

Our software engineer was pulled over by the Georgia State Patrol in Atlanta for driving fast in a convertible Porsche.  Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h.  Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment.  Although she performed the field sobriety exercises, she refused the State’s test.  Despite marginal evidence, she was arrested for DUI in Atlanta under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of.  We were able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.

Atlanta DUI, Speeding; Georgia State Patrol: DUI dismissed

Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper.  Client agreed to perform field sobriety evaluations.  The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway.  He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were).  The trooper said he was under arrest no matter what happens.  Our client refused to take the breath test.  Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper.  The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court

Atlanta DUI Refusal, Improper U turn: Reduced to Reckless Driving

Mr. Sullivan was able to save our client’s license from being administratively suspended for a year for refusing the state’s breath test after being arrested for an Atlanta DUI by a Georgia State Patrol Nighthawks DUI task force trooper.   Our client made an illegal u turn in view of the trooper and was stopped in a gas station parking lot.  Our client’s passenger was having a medical emergency.  Our client had noticeable slurred speech, but performed reasonably well on field sobriety evaluations.  He was arrested for DUI and refused the state breath test at the jail.  Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving, avoiding an Atlanta DUI conviction, but also avoiding a one year suspension of our client’s driver’s license. 

Atlanta DUI Refusal: Reduced

Our client made an illegal turn on red right in front of the Atlanta DUI Task Force Officer.  a traffic stop was conducted, where our client was visibly impaired on the video.  His speech was also heavily slurred, and he berated the officer throughout the entire time the video was running.  Mr. Sullivan was able to persuade the Atlanta prosecutor to reduce the DUI charge down to Reckless Driving and saved our client his driving privileges as well as avoiding a DUI conviction. 

Atlanta DUI, Georgia State Patrol, Refusal: Dismissal of all charges

Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane.   The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop.  Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane.  She refused the state breath test.  The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm.  Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending.  An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court.  She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar.  Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial.  The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.  

Atlanta DUI Accident, Refusal: DUI dismissed

Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump.  An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication.  There was no video of this incident from the police.  Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense. 

Henry County DUI: Reduced to Reckless Driving

Our client was pulled over after he made a wide right turn and then did not fully stop at two stop signs.  He was pulled over by a Henry County DUI officer and subsequently agreed to perform field sobriety evaluations, including a portable alcosensor.  He was arrested for DUI and the traffic violations and took the state breath test, which were .081, .078.  Mr. Sullivan was able to negotiate with the prosecutor to outright dismiss the Henry County DUI charge and enter a negotiated plea to minor traffic offenses. 

Atlanta accident ticket; CDL driver: dismissed in Fulton State Court

Our client, who has a commercial driver’s license, was involved in a traffic accident when he failed to maintain his lane.  He was issued a traffic ticket and represented himself in Atlanta Municipal Court.  He sent his case over to Fulton County State Court for trial.  He moved and did not get notice of his arraignment date in Fulton State Court and a bench warrant and bond forfeiture was issued.  His license was suspended for failure to appear at his court date.  He subsequently hired our firm.  We quickly got his case out of bench warrant/bond forfeiture status and placed his case on the very next bench trial calendar in Fulton State Court.  Mr. Sullivan was able to successfully negotiate a full dismissal of the traffic ticket and client was able to get his commercial driver’s license reinstated. 

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.