DeKalb County DUI Accident, .094 Blood Test: Reduced to Reckless Driving

Our non-native English speaking client wrecked his car head-first into a brick sign, and his car came to a rest on its side in a ditch.  Numerous witnesses stopped or called 911.  The DeKalb County Police investigated the DUI, arrested out client, and had our client’s blood drawn at the hospital.  The GBI tested the blood which revealed a BAC of 0.094. Adam Brown pushed for trial, and when the State’s toxicologist couldn’t be available to appear in court—again, and again—the DeKalb DUI case was reduced to reckless driving.

Georgia State Patrol DUI refusal, CDL driver: case dismissed

A must win for our CDL client who was stopped by Georgia State Patrol for an illegal U-Turn and Failure to Maintain Lane.  Our client smelled of an alcoholic beverage and admitted to drinking at a club.  He agreed to perform field sobriety evaluations which lead to his arrest for DUI in Atlanta.  Our client refused the state blood test and his license was administratively suspended for a year.  We rejected a plea offer to Reckless Driving in Atlanta, and Mr. Sullivan pressed for a speedy trial in Fulton County State Court.  The prosecution dragged its feet in filing our case in Fulton State Court even after Mr. Sullivan asserted his client’s right to a speedy trial multiple times.  Mr. Sullivan filed a motion to dismiss due the speedy trial violation and won the case – all charges dismissed!  Our client was very happy CDL was reinstated and his record remained clean. 

Atlanta DUI accident case, .157 hospital blood test: reduced to Reckless Driving

Our client struck the side rear trailer of a tractor trailer in Atlanta.  Police and EMS responded to the scene.  The Atlanta officer smelled a strong odor of an alcoholic beverage from our client and his eyes were bloodshot and glassy.  Our client also admitted to drinking multiple alcoholic beverages.  He was arrested and transported to Grady detention.  The prosecution obtained a search warrant for our client’s medical records that revealed an alcohol concentration of .157.  Mr. Sullivan was able to convince the prosecutor that not only was the hospital blood test inadmissible, but that our client’s statutory due process rights were  violated when the officer did not read the Georgia Implied Consent Notice to our client, which also advises a right to an independent test.  The DUI charge was dismissed and our client entered a negotiated plea to minor traffic offenses. 

Roswell DUI refusal: Case reduced to Reckless Driving

Our client was stopped by a Roswell DUI police officer for not having his headlights on and failing to maintain his lane.   Client admitted to having a few drinks and performed field sobriety evaluation.  He was arrested for his Roswell DUI and refused the state breath test after the implied consent notice was read to him.  Our client was not particularly cordial to the Roswell officer after his arrest and even threatened to do harm to him.  Mr. Sullivan was able to navigate his case in Roswell that ultimately led to negotiating with the prosecutor successfully to a Reckless Driving resolution.  

Atlanta DUI, .129 breath test: Dismissed

Georgia State Patrol Trooper stopped our client for making an improper turn out of a bar in Buckhead.   Our client agreed to perform field sobriety evaluations and was subsequently arrested for DUI.  Our client agreed to take a breath test and blew a .129.   After negotiations were not successful in Atlanta Municipal Court, Mr. Sullivan moved his client’s case over to Fulton County State Court for a jury trial.  The prosecution failed to file charges against our client in Fulton County State Court within two years of the arrest date and the charges were dismissed.  

Avondale Estates DUI, Refusal: Reduced to Reckless Driving

Our client was stopped for speeding in Avondale Estates going 54 mph in a 35 mph zone.  A DUI investigation took place where client admitted to drinking and performed field sobriety evaluations poorly to the extend that our client almost fell over during the one leg stand evaluation.  After being placed under arrest, our client refused the state blood test as he wanted to speak with his lawyer first.  We were able to convince the prosecutor to reduce the Avondale Estates DUI charge because we were prepared to take the case to trial if we needed to in order to avoid a DUI conviction.

Rabun County DUI – Roadblock/refusal: reduced to Reckless Driving

Our client was stopped at a multi-jurisdictional roadblock in the City of Clayton in Rabun County Georgia.   Client agreed to perform field sobriety evaluations – which were not video recorded by Georgia State Patrol.  Client’s friend did record the field sobriety evaluations on his cell phone.  Client was arrested, read the Georgia Implied Consent notice and refused the state’s breath test.  Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving with the approval of the Trooper.   

Atlanta DUI .202 breath test, accident: reduced to reckless driving

Client was involved in a single car accident where Atlanta Police responded to investigate.   Client was shaken up by the accident, but agreed to field sobriety where client performed poorly.  The officer read the implied consent notice for a state breath test before our client was placed under arrest.  Because the officer only charged our client with DUI per se (being over .08),  the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law.   Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses. 

Marietta DUI – Refusal: Reduced to Reckless Driving

Our client was stopped for failure to maintain lane by a Marietta DUI officer.  The failure to maintain lane was visible on the Marietta Officer’s patrol car video.  Client was asked to perform filed sobriety evaluations where the video showed client visibly agitated with the officer, but agreed to do the sobriety evaluations.  There were noticeable clues on the field sobriety evaluations and client was arrested for DUI in Marietta.  Our client refused the breath test.  Mr. Sullivan was able to convince the prosecutor in Marietta Municipal Court that the charges should be dropped down to a lesser offense of reckless driving.  

Atlanta DUI — reduced to reckless driving

Our corporate executive client was pulled over by the Atlanta Police Department after she ran a red light, failed to maintain her lane, and drove straight through an intersection while in a left-turn-only lane.  When our client pulled over, she accidentally put the car in reverse, and had to be instructed by the officer over a loud speaker to put her car in park.  When she got out of the car, the police officer made special note that her pants were unbuttoned and unzipped.  No HGN was performed, and she scored a 6/8 on the walk and turn, and a 3/4 on the one leg stand.  She refused breath testing.  Our investigation revealed a complete lack of training by the Atlanta DUI officers on scene, and the prosecution eventually offered a reduction to reckless driving.