Hapeville DUI Breath Test Refusal: Reduced to Reckless Driving

Our client was found passed out at an intersection in Hapeville, Georgia.  A concerned citizen called 911 and the Hapeville Police responded.  After banging on the window for a while, our client woke up and exited the vehicle.  He smelled of alcohol and a DUI investigation was conducted.  The Hapeville police officer scored inconsistent results with the Horizontal Gaze Nystagmus evaluation (indicating the officer did not administer the test in accordance to National Highway Traffic Safety Administration guidelines).  Our client did poorly on the Walk and Turn evaluation and the One Leg Stand evaluation.  Once placed under arrest, he refused to the state administered breath test and a license suspension action was initiated.  Skip Sullivan was hired to avoid a DUI conviction in Hapeville for his client.  Mr. Sullivan not only avoided a one year suspension of our client’s driver’s license, but was also able to negotiate a dismissal of the Hapeville DUI charge in exchange for a plea to Reckless Driving in Hapeville Municipal Court

if you are charged with a Hapeville DUI, or have been arrested for a DUI anywhere in Georgia, contact Skip Sullivan at Chestney & Sullivan today at 404.816.8777. 

Twiggs County DUI, Speeding 100 mph: Reduced to Reckless Driving

Skip Sullivan represented a client that was travelling from Savannah to Atlanta on Georgia Highway 16.  His client was clocked speeding at about 100 mph and was pulled over.  After smelling alcohol on our client’s breath, the Twiggs County Sheriff’s Deputy began a DUI investigation.  The deputy did not follow his training on the Horizontal Gaze Nystagmus evaluation and our client did reasonably well on the Walk and Turn and One Leg Stand evaluations.   When arrested, our client was read the Georgia Implied Consent Notice and refused the deputy’s request for a breath test as our client wanted the more accurate blood test.  Mr. Sullivan sent the DUI case out of Twiggs County Probate Court to Twiggs County Superior Court to preserve our client’s right to a jury trial.   He was able to to convince the prosecutor that the Twiggs DUI charge was weak and the DUI was dismissed in exchange for a plea to Reckless Driving.  Our client lived out of state and never had to set foot in court. 

If you are charged with a DUI in Twiggs County or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today. You will be glad you did.  404.816.8777

Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)

Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard.  The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client.  Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County.   The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used.  Our client agreed to submit to the state administered breath test and the result was a .089.  The legal limit in Georgia is .08.  The intoxilizer machine displayed an unexplained error during our client’s breath test.  Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests.  Mr. Sullivan was setting this case up for appellate review.  On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

DeKalb DUI (.172) – DUI Dismissed

Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood.  The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999).   The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!

NFL Defensive Tackle Nick Fairley Not Guilty of DUI

Detroit Lions defensive lineman Nick Fairley was acquitted of DUI by a jury of his peers in Mobile, Alabama, this week.  The former All-American standout at Auburn University, who starred in their National Championship season, was arrested for DUI in 2012 in his hometown of Mobile after being stopped for driving over 100 mph.  He allegedly failed field sobriety tests at the scene (weighing approx. 300 lbs), and declined to take a breathalyzer.  The jury found him guilty of Reckless Driving, and he was ordered to pay a $500 fine.