Twiggs County DUI, Speeding 100 mph: Reduced to Reckless Driving

Skip Sullivan represented a client that was travelling from Savannah to Atlanta on Georgia Highway 16.  His client was clocked speeding at about 100 mph and was pulled over.  After smelling alcohol on our client’s breath, the Twiggs County Sheriff’s Deputy began a DUI investigation.  The deputy did not follow his training on the Horizontal Gaze Nystagmus evaluation and our client did reasonably well on the Walk and Turn and One Leg Stand evaluations.   When arrested, our client was read the Georgia Implied Consent Notice and refused the deputy’s request for a breath test as our client wanted the more accurate blood test.  Mr. Sullivan sent the DUI case out of Twiggs County Probate Court to Twiggs County Superior Court to preserve our client’s right to a jury trial.   He was able to to convince the prosecutor that the Twiggs DUI charge was weak and the DUI was dismissed in exchange for a plea to Reckless Driving.  Our client lived out of state and never had to set foot in court. 

If you are charged with a DUI in Twiggs County or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today. You will be glad you did.  404.816.8777

Forsyth County DUI Breath Test Case Reduced to Reckless Driving

Our client was stopped for a DUI investigation by a Forsyth County Sheriff’s Deputy because he was failing to maintain his lane and had a brake light out.  Our client performed reasonably well on field sobriety evaluations but was eventually arrested for DUI in Forsyth County.  He agreed to take a state breath test and the results were above the .08 legal limit in Georgia.  Skip Sullivan represented our client and filed targeted motions attacking critical parts of the prosecution’s case.  The day of motions after discussion with the prosecution and the Forsyth County DUI Officer, the prosecution agreed to reduce the DUI charges to Reckless Driving.  Our client was very happy with the results – so were we! 

If you are charged with a DUI or a serious traffic offense in Georgia, contact Chestney & Sullivan today at 404.816.8777

Cobb County DUI (.104 Breath Test) Reduced 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. 

Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)

Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard.  The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client.  Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County.   The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used.  Our client agreed to submit to the state administered breath test and the result was a .089.  The legal limit in Georgia is .08.  The intoxilizer machine displayed an unexplained error during our client’s breath test.  Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests.  Mr. Sullivan was setting this case up for appellate review.  On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

DeKalb DUI .291 Blood Test (dismissed)

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. 

Atlanta DUI (Dismissed)

Mr. Sullivan successfully defended a client who was found passed out at an intersection in Atlanta by Atlanta Police.  Georgia State Patrol was brought to the scene to conduct an Atlanta DUI investigation.   Client did terrible on field sobriety evaluations and was arrested for DUI in Atlanta.  Our client refused to submit to the state administered breath test.  The DUI case was moved out of Atlanta Municipal Court to Fulton County State Court.  The prosecution took a very long time in filing the case.  Mr. Sullivan filed motions attacking the prosecution’s DUI case, including filing a motion to dismiss due to the delay in the prosecution and a motion challenging the initial detention of our client.  At the time of trial, the prosecution was unable to bring the initial officer to court (the arresting officer was there).  Arguably the prosecution still could possibly go forward with its case (the Georgia case law is murky in this area), but Mr. Sullivan was able to convince the prosecutor to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving.