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! 

Cobb County State Court: Refusal and 2nd Offense in 10 Years – DUI Dismissed

Client was found in the parking lot of a business in Kennesaw, Georgia after hours. Two witnesses reported to the officer that client had been in an accident prior to when the police arrived on scene. The officer reported that our client was not responding to his questions and that there were two open bottles of liquor found in the car. Client’s case began in Kennesaw Municipal Court but was transferred to Cobb County State Court for trial. After several failed attempts to convince the Solicitor to dismiss the DUI, and a pre-trial conference with the judge, Client’s case was finally reduced to Reckless Driving on the morning of trial. This was a second DUI arrest in ten years, so the stakes were high and we had to keep fighting until we resolved it without a DUI conviction. Client entered a plea to Reckless Driving, paid the lowest fine allowable under the statute, and his case was closed!

Cobb County: DUI Dismissed for Lack of Reasonable Suspicion to Stop

Our client here was going through a troubling time in her marriage, to the point where her husband called 911 when she left their home with her baby, and told the police she was drunk. Cobb County Police were dispatched, and pulled her over a couple miles from her home, despite seeing no traffic violation. She told police she had left in fear for her safety and that of her child, but the cops focused on the odor of alcohol on her breath. When she refused to do any field sobriety tests, she was arrested for DUI and Child Endangerment.  The judge heard testimony from the estranged husband and the arresting officer, then watched the video of the stop and arrest; then found there was no lawful justification to pull her over to begin with, and no probable cause to arrest her. All charges were dropped.