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.
Tagged: DUI refusal
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 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.
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
Gwinnett DUI refusal: Reduced to Reckless Driving
Mr. Sullivan’s client failed to maintain her lane to the point that she struck a curb and blew two tires out, observed by a citizen who called the Gwinnett Police. Client was visibly intoxicated and had very thick, slow, and slurred speech. Our client also could not keep balance while walking. After a DUI investigation, she was arrested for DUI in Gwinnett County. The Gwinnett DUI case began in Gwinnett Recorder’s Court, but after plea negotiations failed, the case was sent to Gwinnett State court to preserve our client’s right to a jury trial. On the day of trial when the case was called, the prosecution offered a reckless driving disposition that our client accepted.
Atlanta DUI Refusal: Dismissed
Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop. Client looked good on the video and had no slurred speech. Performed reasonably well on field sobriety evaluation. Client refused a portable breath test and was arrested for an Atlanta DUI. Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial. Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services).
Clayton County DUI, Improper Parking on Interstate: Dismissal of all Charges
In a must-win situation, our medical professional client faced a nightmare situation, where the incident report looked awful at first glance. Our client was found in a compromising situation on I-75 late one rainy night. Her car suddenly lost power while driving on I-75 in Clayton County, Georgia. She was able to navigate her disabled car almost fully into the left emergency lane of I-75. Naturally, someone called 911 and claimed that a driver was all over the road, was partially parked in the fast-lane, and was likely drunk. Unfortunately, at that same time our client urgently needed to urinate. Because of her location on the interstate she was unable to get out of her car, so she grabbed a cup and did her best. Adding insult to injury, the cup of urine spilled all over her pants. Instead of pulling up her soaked pants, she decided to sit with her pants down until help arrived. While waiting, she fell asleep. What occurred next is a prime example of why it is important to investigate your Clayton County DUI case.
- The Clayton County officer documented that he tried to wake our client up for five minutes. Our investigation revealed that to be a gross exaggeration.
- The officer documented that he was able to simultaneously observe our client’s front and rear private areas—while she was sitting down.
- The officer documented that our client had difficulty standing up while walking. Our investigation yielded dash-camera footage showing she walked fine.
- The officer documented that our client admitted to drinking “2-3 drinks,” despite that statement being nowhere on the video.
- The officer documented that he did not ask our client to perform any field sobriety evaluations due to “safety concerns.” Our investigation revealed that he moved our client to a much safer location where the evaluations could have been performed, and we also uncovered the likely real reason—that the arresting officer was not trained in field sobriety testing.
- Lastly, when the officer arrested our client for her Clayton County DUI, the officer failed to properly read the Georgia implied consent notice—twice—which resulted in the suppression of our client’s refusal to take the state administered breath test.
We prepared for a jury trial in Clayton County State Court on the seven-count accusation, and planned to call multiple rebuttal witnesses to tell the real version of events. When the Clayton County Police officer failed to show up on the morning trial, the prosecutor had no choice but to dismiss the entire case.
Johns Creek DUI Refusal of Breath Test: Reduced to Reckless Driving
Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic. Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over. Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.” Our client refused to blow on the alcosensor, and later refused the state’s breath test. Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.