Cherokee DUI Breath Test Refusal, Blood Search Warrant: Not Guilty Verdict

James “Skip” Sullivan defended his client in a Cherokee County DUI case through a jury trial.  Our client was found Not Guilty of all charges by a Cherokee County jury.  A Cherokee County Sheriff’s Deputy was parked at the entrance of an elementary school in Cherokee County monitoring traffic at an intersection.  Our client approached the intersection and made a wide right turn – crossing the double yellow line.  She also failed to maintain her lane a few times.  A traffic stop was conducted by the Cherokee County DUI officer and a DUI investigation began.  Our client admitted to drinking alcohol and even admitted to not being safe to drive.  She was also in a state of emotional distress and did not perform well on field sobriety evaluations.  She was arrested and agreed to a breath test, but changed her mind when she got to the jail.  The deputy obtained a search warrant for blood and two emergency medical technicians drew her blood at the jail.  When the blood samples arrived at the Georgia Bureau of Investigation’s Division of Forensic Sciences, there was an insufficient amount of blood to test.  Mr. Sullivan took the case to a jury trial for his client and obtained a not guilty verdict on all charges – including the wide right turn and failure to maintain lane charges (that were on the video). 

Our experienced DUI trial attorneys at Chestney & Sullivan  can discuss your Cherokee DUI today.  Call us at 404.816.8777

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.