Tagged: Cobb County DUI

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. 

Cobb County DUI Breath Test .173: Reduced to Reckless Driving

Our client was charges with a Cobb County DUI after being stopped for failing to maintain his lane.  Marietta Police conducted an investigation for DUI where our client agreed to submit to field sobriety evaluations.  Our client was subsequently arrested for DUI and took the state breath rest with a result of .173.  The case began in Marietta Municipal Court, but the Marietta DUI charge was sent over to Cobb County State Court to preserve our client’s right to a jury trial.  Mr. Sullivan conducted a motions hearing to exclude the .173 breath test from being admissible at trial.  While the judge was deciding the motions, Mr. Sullivan was able to persuade the prosecutor that the test would be inadmissible at trial.  Subsequently, Mr. Sullivan negotiated with the prosecutor to dismiss the Cobb DUI charge and our client enter a plea to reckless driving.  

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. 

Cobb County DUI & Child Endangerment Dismissed

Client arrested for DUI in Cobb County with her three-year-old child in the car, resulting in the additional charge of DUI-Child Endangerment.  The arrest unfortunately even made the nightly news on a local TV channel.  After a thorough investigation, it appeared that the evidence of the Cobb County DUI consisted primarily of the opinion of the clerk of a convenience store (and of course the opinion of the police officers who came to the scene).  There was no evidence of impaired driving, and the client declined roadside field sobriety testing, as well as a breath test.  Attorney Bob Chestney was able to convince the prosecutor that the DUI charges could not be proven beyond a reasonable doubt, so those charges were dismissed upon a plea of guilty to Reckless Conduct and Failure to Have Child Properly Restrained.

Cobb County DUI Refusal – Reduced

Client was stopped by Cobb County Police after driving without headlights and making a left turn on red – all caught on video. A DUI investigation took place that ultimately resulted in our client being arrested for DUI.  The Georgia Implied Consent Notice was read and our client refused the state breath test.   Mr. Sullivan was ready for trial, but on the day of trial with the officer present, the prosecution dropped the Cobb County DUI refusal to reckless driving.  Client accepted the reduced charge.

Cobb County DUI (Refusal): DUI, Failure to Maintain Lane, No Seatbelt: DUI Dismissed

Client struck a curb, drifted across to opposite lane of traffic and collided with another car. Client had to be extricated from her vehicle and transported to hospital. Cobb County police officer conducted an investigation and interviewed client at hospital where client had a strong odor of alcohol and admitted to having two glasses of wine earlier. Case was set for a motions hearing. The day of the motions hearing, the State decided not to pursue the DUI charge and we negotiated a reckless driving plea.

Cobb County: Refusal, Serious Traffic Accident – DUI Dismissed

Client drove off of the roadway in Smyrna and her car rolled completely over before landing in a nearby field. Client drove away from the accident scene and a witness called 911. She was eventually located by police officers and EMS responders at a  restaurant a few miles away. She was advised that she was “in custody” at the scene, although officers had very little evidence that she was DUI. After she was transported to Kennestone Hospital, she was informed that she was under arrest and Georgia’s Implied Consent Notice was read at the hospital. Due to the untimely reading of Implied Consent, client’s refusal to submit to the state-administered chemical test would not be admissible at trial, we explained to the State. After several conferences with the State, the DUI was dismissed and client entered a plea to Reckless Driving. Her driving privileges were saved, she did not have to return to jail, and we avoided a DUI conviction.

Smyrna Municipal Court: .141 Breath Test – DUI Dismissed

Client was pulled over in Smyrna, Georgia for making an improper turn and driving with no headlights. The report noted that client smelled of alcohol, had slurred speech, and admitted to drinking three beers that evening. Client agreed to perform field sobriety evaluations and the video showed a mediocre performance on those evaluations. A breath test was administered at the scene and the result showed positive for alcohol. Client was subsequently arrested for DUI. When the officer read Georgia’s Implied Consent Notice, he gave our client some misleading information that led our client to submit to the state-administered breath test. At the City of Smyrna jail, our client blew a .141 on the Intoxilyzer 5000. We fought hard to convince the Prosecutor that the incorrect and misleading information persuaded our client to submit to the breath test. The Prosecutor eventually agreed and we resolved the case with a plea to Reckless Driving. Client’s license was saved, he stayed out of jail, and he avoided a DUI conviction!