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.
Tagged: DUI refusal
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.
Rabun County DUI – Roadblock/refusal: reduced to Reckless Driving
Our client was stopped at a multi-jurisdictional roadblock in the City of Clayton in Rabun County Georgia. Client agreed to perform field sobriety evaluations – which were not video recorded by Georgia State Patrol. Client’s friend did record the field sobriety evaluations on his cell phone. Client was arrested, read the Georgia Implied Consent notice and refused the state’s breath test. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving with the approval of the Trooper.
Marietta DUI – Refusal: Reduced to Reckless Driving
Our client was stopped for failure to maintain lane by a Marietta DUI officer. The failure to maintain lane was visible on the Marietta Officer’s patrol car video. Client was asked to perform filed sobriety evaluations where the video showed client visibly agitated with the officer, but agreed to do the sobriety evaluations. There were noticeable clues on the field sobriety evaluations and client was arrested for DUI in Marietta. Our client refused the breath test. Mr. Sullivan was able to convince the prosecutor in Marietta Municipal Court that the charges should be dropped down to a lesser offense of reckless driving.
Fulton County DUI – reduced to reckless driving
Our corporate executive client was pulled over by the Atlanta Police Department after she ran a red light, failed to maintain her lane, and drove straight through an intersection while in a left-turn-only lane. When our client pulled over, she accidentally put the car in reverse, and had to be instructed by the officer over a loud speaker to put her car in park. When she got out of the car, the police officer made special note that her pants were unbuttoned and unzipped. No HGN was performed, and she scored a 6/8 on the walk and turn, and a 3/4 on the one leg stand. She refused breath testing. Our investigation revealed a complete lack of training by the Atlanta DUI officers on scene, and the prosecution eventually offered a reduction to reckless driving.
Atlanta DUI-Less Safe (refusal), improper lane change – Dismissed
Our 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over. Unfortunately, a Georgia State Patrol Trooper believed she smelled like an alcoholic beverage and began investigating for DUI. She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present. Our client refused to perform any other field sobriety exercises. She initially agreed to a breath test, and later refused. The State offered a plea to DUI, then later reduced that offer to Reckless Driving. Because of our investigation, we knew that the arresting Trooper was no longer employed and was not appearing in Court. We requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.
Douglas County DUI Refusal/Search Warrant for Blood: Dismissed
Mr. Sullivan successfully avoided an administrative license suspension and a Douglas County DUI conviction for his client. Client was stopped for following a truck too close. After an admission of drinking and performing field sobriety evaluations, our client was arrested for DUI in Douglas County, red the Georgia Implied Consent Notice and refused the state’s chemical test. The officer initiated an administrative license suspension action for the client refusing the state’s test and obtain a search warrant for blood. Blood was drawn over an hour later and sent to the GBI toxicology department to be tested. The administrative hearing was set before the toxicology report came back and the Douglas County Sheriff’s department blocked all efforts to release the video of the stop and full police report to Mr. Sullivan. Mr. Sullivan used the power of the court’s subpoena process to compel the sheriff’s depart to comply. They did not, but the officer ultimately decided not to go forward with an administrative hearing – saving our client’s driving privileges. The toxicology report came back with a result well under .08 and Mr. Sullivan and the prosecution negotiated a dismissal of the DUI charge and entered a plea to Following Too Close only.