Georgia State Patrol Chamblee DUI, Speeding and Failure to Stop at a Red Light: Not Guilty DUI and Speeding

James “Skip” Sullivan took over a Chamblee DUI case from another law firm that was transferred to DeKalb State Court for a jury trial.   Our driver was stopped by a Georgia State Patrol Trooper (Nighthawks), for speeding and failing to fully stop before a stop bar at a red light (vehicle was past the stop bar into the intersection).  When the trooper initiated his emergency equipment, our client pulled into the nearest gas station and stopped.  Apparently our client had to use the rest room pretty bad, but was stopped by the trooper for a DUI investigation.  After realizing that our client really did have to use the rest room, he was allowed to do so.   Then the Trooper had him perform field sobriety evaluations, which our client did poorly (still complaining his stomach hurts).  He was arrested for DUI but refused to be handcuffed, resisting arrest.  Once under arrest, our client refused to submit to a state breath test.  The prosecutor refused to negotiate a lesser charge, so  Mr. Sullivan took the case to jury trial.  The jury found our client not guilty of DUI, not guilty of speeding, guilty of the Obstruction of a Law Enforcement charge, and a mistrial was declared on the Red light charge (jury could not reach a unanimous verdict on that charge).  Although we received a guilty verdict on the Obstruction of a Law Enforcement charge, the DeKalb judge agreed with Mr. Sullivan that the First Offender Statute applied even after a jury verdict if the client decides to use it and the judge accepts it, meaning if the client completes his sentence requirements successfully, the Obstruction charge would be dismissed without a conviction! 

if you are charged with a DUI or a serious traffic or criminal offense, call Chestney & Sullivan today at 404.816.8777.  Mr. Sullivan or Mr. Chestney would be happy to discuss your case with you.  

Atlanta DUI Single Car Accident (Dismissed)

Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County.  He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house.  Fire, EMS, and Atlanta Police showed up on the scene.  the Atlanta police conducted a DUI investigation while EMT’s were working on our client.  Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice.  He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system.  The DUI case started in Atlanta Municipal CourtMr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court.   Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case.  At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result).  The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving.