Atlanta DUI, Georgia State Patrol, Refusal: Dismissal of all charges

Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane.   The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop.  Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane.  She refused the state breath test.  The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm.  Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending.  An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court.  She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar.  Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial.  The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.  

Atlanta DUI Accident, Refusal: DUI dismissed

Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump.  An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication.  There was no video of this incident from the police.  Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense. 

Gwinnett DUI: Refusal, speeding 90 mph in a 50 mph zone

Our client made a wide left turn after stopping at a red light and then failed to maintain his lane as he approached a parkway in Gwinnett County.  The Gwinnett County DUI Officer estimated our client’s speed exceeding 90 mph on the parkway before he initiated a traffic stop. Because of the condition of the roadway, only the horizontal gaze nystagmus and one leg stand evaluations were done.  Officer noticed slurred speech, some balance issues, and bloodshot, glassy eyes.   No video.  Our client was arrested for DUI and refused the state breath test.  Mr. Sullivan conducted an extensive pretrial motions hearing that locked two officers in contradictory testimony and established the condition of the roadway may have impacted field sobriety evaluations.  After being placed on multiple trial calendars and finally being reached for trial, the prosecution agreed the morning of trial to dismiss the Gwinnett DUI in exchange for a plea to reckless driving only.  

Atlanta Georgia State Patrol DUI Refusal: reduced to Reckless Driving

Our client was stopped by Georgia State Patrol in Buckhead for no headlights.  Client smelled of alcohol and marijuana.  Admitted to smoking marijuana a few hours prior to driving.  Performed field sobriety evaluations and was arrested for DUI.  Our client refused the state administered breath test and his license was suspended administratively for one year (no permit available).  Mr. Sullivan sent the case over to Fulton State Court from Atlanta Municipal Court had the case expedited for trial.  Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition and had the administrative license suspension lifted upon the negotiated plea.  The DUI charge and No Headlight charge were dismissed by the prosecution. 

Atlanta Georgia State Patrol DUI: Refusal reduced to Reckless Driving

Our client was stopped by a Georgia State Patrol Trooper in Atlanta and was told to submit to field sobriety evaluations.  Field sobriety evaluations are voluntary, meaning drivers do not have to do them if they don’t want to.  Here, our client was directed to perform them.  Our client looked good during the evaluations and there was no slurred speech.  After being placed under arrest, our client refused to submit to a breath test and faced a one year administrative license suspension with no permit.  Mr. Sullivan was able to persuade the Atlanta prosecutor that it would be difficult for the prosecution to win on the DUI charge and the DUI charge was reduced to reckless driving.  Mr. Sullivan was also able to avoid a one year administrative license suspension of our client’s driver’s license. 

Atlanta DUI: Refusal, reduced to Reckless Driving

Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted.  Our client did not perform very well on field sobriety evaluations and was arrested for DUI.  He refused the state test of his breath and the trooper initiated a license suspension action.  Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving.  The Atlanta DUI charge was dismissed.  Mr. Sullivan was also able to prevent our client’s license from being suspended. 

Barrow County DUI Refusal: Reduced to Reckless Driving

Our military client was stopped for failing to maintain lane by a Barrow County Sheriff’s Deputy who specializes in DUI cases.  Client agreed to perform field sobriety exercises and was subsequently arrested for DUI.  Our client refused the officer’s breath test and faced an administrative license suspension for a year.  Mr. Sullivan was able to get the DUI charge reduced in court with the help of the deputy and also avoided a one year suspension of his client’s license.  

Georgia State Patrol DUI refusal, CDL driver: case dismissed

A must win for our CDL client who was stopped by Georgia State Patrol for an illegal U-Turn and Failure to Maintain Lane.  Our client smelled of an alcoholic beverage and admitted to drinking at a club.  He agreed to perform field sobriety evaluations which lead to his arrest for DUI in Atlanta.  Our client refused the state blood test and his license was administratively suspended for a year.  We rejected a plea offer to Reckless Driving in Atlanta, and Mr. Sullivan pressed for a speedy trial in Fulton County State Court.  The prosecution dragged its feet in filing our case in Fulton State Court even after Mr. Sullivan asserted his client’s right to a speedy trial multiple times.  Mr. Sullivan filed a motion to dismiss due the speedy trial violation and won the case – all charges dismissed!  Our client was very happy CDL was reinstated and his record remained clean. 

Roswell DUI refusal: Case reduced to Reckless Driving

Our client was stopped by a Roswell DUI police officer for not having his headlights on and failing to maintain his lane.   Client admitted to having a few drinks and performed field sobriety evaluation.  He was arrested for his Roswell DUI and refused the state breath test after the implied consent notice was read to him.  Our client was not particularly cordial to the Roswell officer after his arrest and even threatened to do harm to him.  Mr. Sullivan was able to navigate his case in Roswell that ultimately led to negotiating with the prosecutor successfully to a Reckless Driving resolution.  

Avondale Estates DUI, Refusal: Reduced to Reckless Driving

Our client was stopped for speeding in Avondale Estates going 54 mph in a 35 mph zone.  A DUI investigation took place where client admitted to drinking and performed field sobriety evaluations poorly to the extend that our client almost fell over during the one leg stand evaluation.  After being placed under arrest, our client refused the state blood test as he wanted to speak with his lawyer first.  We were able to convince the prosecutor to reduce the Avondale Estates DUI charge because we were prepared to take the case to trial if we needed to in order to avoid a DUI conviction.