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.
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).
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.
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.
Our software engineer was pulled over by the Georgia State Patrol in Atlanta for driving fast in a convertible Porsche. Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h. Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment. Although she performed the field sobriety exercises, she refused the State’s test. Despite marginal evidence, she was arrested for DUI in Atlanta under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of. We were able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.
Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper. Client agreed to perform field sobriety evaluations. The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway. He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were). The trooper said he was under arrest no matter what happens. Our client refused to take the breath test. Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper. The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court.
Mr. Sullivan was able to save our client’s license from being administratively suspended for a year for refusing the state’s breath test after being arrested for an Atlanta DUI by a Georgia State Patrol Nighthawks DUI task force trooper. Our client made an illegal u turn in view of the trooper and was stopped in a gas station parking lot. Our client’s passenger was having a medical emergency. Our client had noticeable slurred speech, but performed reasonably well on field sobriety evaluations. He was arrested for DUI and refused the state breath test at the jail. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving, avoiding an Atlanta DUI conviction, but also avoiding a one year suspension of our client’s driver’s license.
Our client made an illegal turn on red right in front of the Atlanta DUI Task Force Officer. a traffic stop was conducted, where our client was visibly impaired on the video. His speech was also heavily slurred, and he berated the officer throughout the entire time the video was running. Mr. Sullivan was able to persuade the Atlanta prosecutor to reduce the DUI charge down to Reckless Driving and saved our client his driving privileges as well as avoiding a DUI conviction.
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.
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.