Austell DUI Single Car Accident, .164 Breath Test: Reduced to Reckless Driving

James “Skip” Sullivan represented a person charged with a DUI in Austell after he drove his car up on the railroad tracks right next to the Austell Police Department.  Our client was very cooperative with the Austell DUI officer throughout the DUI investigation.  Due to the weather, the only field sobriety evaluation that was done was the Horizontal Gaze Nystagmus evaluation.  Our client was then arrested and read the Georgia Implied Consent Notice.  He agreed to take the state administered breath test on the Intoxilyzer 9000 and blew a .164 – twice the legal limit here in Georgia.  Mr. Sullivan was able to convince the prosecutors in Austell Municipal Court that they would be in for a long court battle in Cobb County State Court over the admissibility of the breath test.  The prosecutors agreed to dismiss the DUI in exchange for a negotiated plea to Reckless Driving and Basic Rules. 

If you or a loved one are facing a DUI in Cobb County, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777

DUI Ignition Interlock Waiver (Granted)

Sometimes our firm is called upon to do clean up on cases we did not represent clients on when they multiple DUI convictions in Georgia.  Typically people come to us to see if they can get a statutorily mandated requirement for the installation of an ignition interlock device waived by the trial court.  We routinely handle these types of cases and for the vast majority of these types of cases, we are able to have a trial court sign off on an order waiving the ignition interlock requirement.  Each court handles this issue differently.  We were hired by a person who was convicted of two DUI charges within five years of each other that triggered the ignition interlock requirement.  The most recent DUI was in Cobb County.  Our firm did not represent this particular client on those DUI cases and we were brought in to represent him post conviction.  Our client was moving out of state and would not be able to satisfy the ignition interlock requirements in the state he was moving to.  Mr. Sullivan was able to investigate the DUI in Cobb County, file a motion to waive the Ignition Interlock Device requirement, and if need be, conduct a hearing in court.  Mr. Sullivan was able to get the Cobb County judge to sign an order waiving the Ignition Interlock requirement and our client was subsequently able to get a license in the state he moved to. 

Cobb County DUI (.104 Breath Test) Reduced to Reckless Driving

Our client stopped to use the restroom at a closed park in Cobb County.  While n the parking lot, Cobb County Police Officers detained our client for being in the park after hours and conducted a DUI investigation.  Our client performed reasonably well on field sobriety evaluations, but was still placed under arrest for DUI in Cobb County.  Our client agreed to take the state administered breath test, which the result was a .104.  The legal limit in Georgia is .08.  Mr. Sullivan filed numerous motions challenging the stop and the admissibility of the breath test on statutory and constitutional grounds.  The was a case Mr. Sullivan was preparing to take up to the appellate courts, however, the Cobb County State Court prosecutor agreed to dismiss the DUI charges and the county park curfew charge in exchange for a negotiated plea to Reckless Driving.