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.