Johns Creek DUI Breath Test Refusal (Dismissed)

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. 

Atlanta DUI, Wrong Side of the Roadway (Dismissed)

Our client was stopped for driving on the wrong side of the roadway in Atlanta.  An Atlanta DUI Task Force officer was called to the traffic stop to conduct an investigation.  The Atlanta officer asked our client to complete field sobriety evaluations, which our client voluntarily did.  Although there were some balance issues, our client otherwise did well on these tests.  The Atlanta DUI Task Force officer arrested our client for DUI and read the Georgia Implied Consent Notice to him.  Our client refused the state-administered breath test and was served a notice of an administrative license suspension action for refusing the state’s breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for his client and persuade the Atlanta Municipal Court prosecutor to dismiss all charges in exchange for a plea to Reckless Driving. 

Atlanta DUI Accident, Breath Test Refusal (All Charges Dismissed)

Our client hit the median wall and drove the vehicle for a short distance until it became inoperable.  A witness saw the accident, called the police, followed our client and waited on scene to talk to the police.  A non-DUI officer first arrived on scene and placed our client in the back of the patrol vehicle.   That officer called an Atlanta DUI Task Force officer to the scene to conduct a DUI investigation, took our client out of the patrol car and conducted field sobriety evaluations.   The Georgia Implied Consent Notice was read and our client refused the state administered breath test.  Mr. Sullivan moved the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial.  Mr. Sullivan filed various motions seeking to suppress field sobriety evaluations and the refusal to submit to the state breath test on statutory and constitutional grounds.  Mr. Sullivan also filed a motion to dismiss to to the extreme delay by the prosecution getting this case to trial.  The Fulton County State Court judge ruled the prosecution had not met its burden a a motions hearing and granted Mr. Sullivan’s motion to dismiss all charges. 

Forsyth County DUI (Not Guilty)

Our client made a wide turn onto another road and almost collided with another vehicle (caught on camera by the Forsyth County DUI Deputy).  Our client immediately pulled into a Waffle House and was detained by the deputy for a Forsyth County DUI investigation.  Our client agreed to perform field sobriety evaluations and was subsequently arrested for a DUI in Forsyth County.  He refused to submit the state administered breath test and was served a notice of an administrative license suspensionMr. Sullivan conducted a hearing for the the administrative suspension and was able to use a transcript from that hearing to his client’s advantage at his DUI jury trial in Forsyth County.  the Forsyth County jury found our client Not Guilty of the DUI, but did convict him on minor traffic offenses.  The DUI acquittal enabled our client to get his license reinstated.  

Atlanta DUI Refusal (Dismissed)

An Atlanta DUI Task Force Officer was on patrol when he saw our client run a red light (on video).  He initiated a traffic stop and conducted a DUI investigation.  Our client looked reasonably well on the video, but the Atlanta DUI officer made a DUI arrest anyway.  Our client refused to submit to the state breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for our client and negotiated an outright dismissal of the DUI charge in exchange for a plea to minor traffic offenses with the Atlanta Municipal Court DUI prosecutor

Chamblee DUI (Dismissed)

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. 

Atlanta DUI (reduced to Reckless Driving)

Our client was stopped in Atlanta by a Georgia State Patrol DUI Trooper for suspended registration.  Client admitted to having two drinks and agreed to perform field sobriety evaluations.  The Trooper marked client off for “clues” during the administration of the tests and arrested client for a DUI in Atlanta.  Our client refused to take the state administered test of her breath.  Mr. Sullivan was was able to persuade the Atlanta DUI prosecutor that the trooper failed to follow his training regarding field sobriety evaluations, and as such, the results were compromised.  The prosecutor agreed to dismiss the DUI charge and the suspended registration charge (a charge that if convicted for, causes a license suspension) in exchange for a plea to Reckless Driving and Expired Tag.

Johns Creek DUI, Marijuana Possession (Dismissed)

Mr. Sullivan successfully represented a client who was stopped at a sobriety checkpoint set up by Johns Creek DUI officers.  Our client looked reasonably well during the field sobriety evaluations, but was still arrested for a Johns Creek DUI.  Our client refused to submit to the state blood test.  Upon searching our client’s vehicle, the officer found marijuana and charged our client with that as well.  Mr. Sullivan set up a constitutional challenge to the roadblock itself and the admissibility of the marijuana and refusal to submit to the state test.  On the eve of trial the Fulton County prosecutor agreed to dismiss the marijuana and DUI charges outright in exchange for a plea to reckless driving.  Our client gladly accepted. 

Success in Smyrna DUI Refusal case (reduced to Reckless Driving)

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 DUIMr. 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. 

Lilburn DUI, Speeding, Failure to Dim Headlights (DUI dismissed)

Our client was stopped by Lilburn Police for travelling 61 mph in a 40 mph zone.  She also had her brights on.  Our client agreed to perform field sobriety evaluations and based upon the results of the evaluations, she was arrested for DUI in Lilburn.  She refused to submit to the state administered breath test and faced a one year license suspension of her driving privileges due to the refusal.  Mr. Sullivan was able to navigate the administrative license suspension action while the DUI case was pending in Lilburn Municipal Court.  Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange to a plea of Reckless Driving and