Chamblee – DUI Per Se 0.105 – Reduced to Reckless Driving

Our young bartender client had just gotten off work.  Naturally, she and her colleagues had an end-of-shift drink.  She decided to follow a friend home.  As the two were pulling through the parking lot to leave, rather fast, her friend braked when she shouldn’t have, causing a rear-end collision with our client listed as the at-fault driver.  Adam Brown discovered that the other driver had a suspended license, though, and was not prosecuted because the accident technically happened on private property.  Adam Brown was also able to show the Chamblee prosecutor that our client’s performance on field sobriety evaluations was also not as terrible as the report described, despite the .105 breath test. When the State refused to offer any reduction, Adam Brown took the case up with the arresting Chamblee DUI officer, who later advised the State that there was no objection to a reduction in charges.  As a result of getting the officer on board, the Chamblee prosecutor agreed to reduce this over the limit case to reckless driving.

DeKalb County DUI, .154 breath test; Hit and Run: DUI charges dismissed

Our client rear-ended a car while exiting the expressway in Dunwoody, GA.  He decided not to stop at the scene, but eventually stopped in Chamblee, Ga.  A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody.  A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police.  He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia.  Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak.  The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.  

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.

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.

Dunwoody DUI Reduced Despite 2 Prior Convictions

Client was stopped for rather sloppy driving near Perimeter Mall by Dunwoody Police, and arrested for DUI.  Her previous attorney had the case bound over to DeKalb State Court, and filed some boilerplate motions, which were all denied.  The Court held that both prior DUI convictions could be used by the State at trial.  Client retained Bob Chestney at the last minute, with the case set for trial.  We were able to convince the judge to allow us to file an out-of-time motion to suppress the prescription drugs found during a search of her purse, and which she was alleged to be impaired from.  Prior to a hearing on this motion, the prosecutor who had a long history with Mr. Chestney offered to drop the Dunwoody DUI charge with a plea of Nolo Contendere to Reckless Driving.

DeKalb County DUI Refusal – reduced

Client was found asleep in the car in the middle of the road with the engine running.  A DeKalb DUI Officer observed vomit on client’s clothes and that client had slurred and slow speech.  Client admitted to drinking and was unsteady upon exiting the car.  Client refused to do field sobriety evaluations and refused to submit to the state’s breath test and was arrested for a DeKalb County DUI refusal.  At a motions hearing the charges were reduced after Mr. Sullivan successfully negotiated a Reckless Driving plea with the prosecutor and the judge.

Doraville/DeKalb DUI dismissed: .113 breath test

Client was stopped by Doraville police for no headlights and failing to maintain lane.  Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video.  After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath.  Client consented and the result was a .113.  Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test.  The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial.  The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.

DeKalb County Accident – DUI Dropped

Client ran off the road, swerved back onto the road and collided with a wrecker.  His sister suffered a pretty bad injury, and he was also taken to the hospital.  A blood test revealed a BAC of .091.  Bob Chestney filed a motion to suppress the blood test results on several legal grounds, and a hearing was conducted.  At that hearing, Mr. Chestney was able to demonstrate on cross-examination that the nurse who testified that she drew our client’s blood had no recollection of doing so, had seen no records indicating she was the blood drawer, and didn’t even know if she was working that night.  She testified that she drew the blood merely because the prosecutor told her so.

The judge threw out the test results, and the State offered to drop the DeKalb County DUI accident charge in return for a plea to the Reckless Driving charge.

DeKalb DUI (.172) – DUI Dismissed

Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood.  The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999).   The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!

DeKalb – DUI (Refusal) – Dismissed

Client was traveling late at night on Interstate 285 in a rental car without her headlights illuminated. She had not driven this rental car in the evening before and was unaware that her headlights were off. A well-trained Dunwoody police officer pulled her over and client stopped right in the middle of the highway! After a brief conversation, and after the client declined to submit to any field sobriety evaluations, he arrested her for DUI. The police officer described client as argumentative, confused, and untruthful in his report. He also noted that he smelled alcohol on her breath. Upon a search of her rental car, he found a variety of prescription medications. Client declined to submit to a breath test at the jail. In court, we convinced the Prosecutor that there was no probable cause to arrest the client for DUI before the motion hearing even began, despite the fact that the client had been arrested for DUI before this arrest, and again after this arrest. We were able to persuade the Prosecutor to let the client enter a Guilty plea to Driving without Headlights and pay a $100 fine. Case closed and client walked free!