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.
Tagged: DUI refusal
Atlanta DUI, Speeding; Georgia State Patrol: DUI dismissed
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.
Atlanta DUI Refusal, Improper U turn: Reduced to Reckless Driving
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.
Atlanta DUI Refusal: Reduced
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.
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 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.