Our client was stopped in Johns Creek for not having his headlights on. Our client’s driving and stopping sequence was captured on video – you could clearly see that his headlights were not on. His driving was fine and the stopping sequence was conducted in a safe manner. His exit from the vehicle was fine, but his breath smelled of an alcoholic beverage and our client made some incriminating statements to the Johns Creek DUI officer. He refused to submit to standardized field sobriety evaluations and was arrested for DUI and Driving Without Headlights. He was also served with a notice of an administrative license suspension action for refusing to submit to the state breath test. Mr. Sullivan was able to avoid an administrative license suspension for our client and also convinced the Fulton County State Court prosecutor to dismiss the DUI and the No Headlights charge in exchange for a plea 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.
Our client was stopped for failing to maintain her lane by a Walton County DUI trained deputy. The failure to maintain lane is clearly visible on the video. The Walton County Deputy did not properly administer the Horizontal Gaze Nystagmus test, client does well on the walk and turn evaluation but does poorly on the one leg stand evaluation. It is apparent that it was cold on the video. Client is arrested and charged with a Walton County DUI. She agrees to take the state breath test and blows a .099. The legal limit in Georgia is.08. Mr. Sullivan was able to negotiate with the Walton County prosecutor to dismiss the DUI charge and the Failure to Maintain Lane charge in exchange for a plea to Reckless Driving.
Mr. Sullivan represented a client who was camping in Gilmer County. His vehicle got stuck in the mud and a tow truck was called. A 911 call was placed and a Gilmer County Sheriff’s Deputy went to the tow truck company and followed our client. It was raining and our client did not have his head lights on. A traffic stop was initiated and a DUI investigation took place. The deputies were very friendly, but were not proficient in field sobriety evaluations and also did not place our client under arrest before the Georgia Implied Consent Notice was read. Our client did agree to take the state breath test and the result was .143. The legal limit in Georgia is .08. He was charged with a Gilmer County DUI. Mr. Sullivan was able to persuade the prosecutor that the deputies did not follow training protocol for standardized field sobriety evaluations and the results are compromised. Also, the breath test was inadmissible because our client was not under arrest when the implied consent notice was read. The prosecution still could have proceeded on a DUI “less safe” charge, but agreed to dismiss the DUI charges and our client entered a plea to a lesser traffic offense of Reckless Driving.
Mr. Sullivan represented a client that was involved in a significant single car accident in Decatur Georgia. Our client went off the road and struck a utility pole. A Decatur DUI officer arrived on scene and conducted a DUI investigation. Our client had a significant cut to the lip and was transported to the hospital for treatment. While at the hospital, the Decatur DUI officer read the Georgia Implied Consent Notice to our client, who agreed to a blood test. The blood test result was .291. The legal limit in Georgia is .08. Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the blood test was inadmissible because client was not under arrest at the time the notice was read. The prosecutor agreed to dismiss the DUI charges in exchange for a plea to a lesser traffic charge of Reckless Driving.
Mr. Sullivan represented a client who was stopped by a Chamblee DUI officer for speeding. Our client was extremely argumentative towards the officer during the course of the DUI investigation. the Chamblee officer dished it right back to our client. Eventually our client agreed to perform field sobriety evaluations and was arrested for DUI and Speeding. Our client refused to submit to a breath test. Mr. Sullivan was able to negotiate with the DeKalb County State Court prosecution to dismiss the DUI and the speeding charge in exchange for a plea to Reckless Driving. Because of our client’s business relationships, a DUI had to be avoided at all costs, so this outcome assured him of that.
Mr. Sullivan represented a commercial truck driver in Atlanta who was stopped by a Georgia State Patrol DUI Task Force Trooper for not having his headlights on. Our client also failed to maintain his lane. The Trooper conducted field sobriety evaluations and our client was arrested for a DUI in Atlanta. The client agreed to submit to the state breath test and blew a .117. The legal limit is .08. Mr. Sullivan challenged the admissibility of the breath test in court along with a motion arguing our client’s right to a constitutional speedy trial was violated. The court found that the Fulton State Court prosecution was not able to meet it’s burden at a motion hearing and granted Mr. Sullivan’s motion to dismiss all charges. Our client’s commercial driver’s license and his career were saved.
Our client was stopped by a Peachtree City DUI officer for having his headlight high beams on. Our client admitted to drinking two beers and agreed to perform field sobriety exercises where overall the client performed well (like any average juror would perform on these DUI evaluations). Upon completion of the DUI investigation, the Peachtree City DUI officer arrested our client and the officer requested a breath test, to which our client refused. Mr. Sullivan strategically kept the DUI case in Peachtree City Municipal Court for a bench trial with Judge Ott. On the eve of trial, the Peachtree City prosecutor offered to reduce the DUI charge to Reckless Driving and our client accepted. The Reckless Driving disposition saved our client’s career.
Our client was observed by Smyrna Police failing to maintain his lane and touching the double yellow line several times while driving. the Smyrna DUI officer initiated a traffic stop and began a DUI investigation after he smelled alcohol. Client agreed to perform field sobriety evaluations and performed less than stellar on the walk and turn evaluation, but looked good on the one leg stand evaluation. He refused a portable alcosensor. Client also made some incriminating statements after he was arrested for his Smyrna DUI. Mr. Sullivan was able to avoid an administrative license suspension for our client and was able to successfully negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving.
Our Roswell client was behind the wheel in the parking lot of a hotel he was staying at. He was asleep behind the wheel with some evidence of spittle on his pants that the Roswell DUI officers mistook for some other bodily fluid…. The Roswell police were altered to our client’s car when he fell asleep and his head laid on the horn. When they arrived they also noticed that his car was not aligned in the parking space. Client admitted to being at a sports bar earlier and wanted to sober up before he went inside to his family. After performing field sobriety evaluations, he was arrested and charge with a DUI in Roswell. He agreed to take the official breath test and the result was .096 (the legal limit in Georgia is .08). After negotiations did not achieve a non-DUI resolution in Roswell Municipal Court, Mr. Sullivan sent the case to Fulton County State Court and strategically filed a Constitutional Speedy Trial Demand. When the case was finally filed in state court and brought to a hearing, Mr. Sullivan argued effectively that a delay of more than two years to bring the case to trial harmed his client and argued for a dismissal based on our client’s right to a speedy trial. The Fulton County State Court trial judge agreed and dismissed the case.