Our client was stopped for a DUI investigation by a Forsyth County Sheriff’s Deputy because he was failing to maintain his lane and had a brake light out. Our client performed reasonably well on field sobriety evaluations but was eventually arrested for DUI in Forsyth County. He agreed to take a state breath test and the results were above the .08 legal limit in Georgia. Skip Sullivan represented our client and filed targeted motions attacking critical parts of the prosecution’s case. The day of motions after discussion with the prosecution and the Forsyth County DUI Officer, the prosecution agreed to reduce the DUI charges to Reckless Driving. Our client was very happy with the results – so were we!
If you are charged with a DUI or a serious traffic offense in Georgia, contact Chestney & Sullivan today at 404.816.8777
Our client made a wide turn onto another road and almost collided with another vehicle (caught on camera by the Forsyth County DUI Deputy). Our client immediately pulled into a Waffle House and was detained by the deputy for a Forsyth County DUI investigation. Our client agreed to perform field sobriety evaluations and was subsequently arrested for a DUI in Forsyth County. He refused to submit the state administered breath test and was served a notice of an administrative license suspension. Mr. Sullivan conducted a hearing for the the administrative suspension and was able to use a transcript from that hearing to his client’s advantage at his DUI jury trial in Forsyth County. the Forsyth County jury found our client Not Guilty of the DUI, but did convict him on minor traffic offenses. The DUI acquittal enabled our client to get his license reinstated.
Client arrested in Forsyth County for DUI, and he refused the state-administered breath test. He has a 2012 DUI conviction, so this would have been a 2nd in 5 years, subjecting him to about six months in jail and a lengthy license suspension if convicted again. Bob Chestney was selected as lead counsel, and several motions were filed, including a Motion to Suppress his Refusal on Georgia Constitutional grounds (based on the recent Olevik v. State decision by the GA Supreme Court). At the motion hearing, the State agreed to reduce the DUI to Reckless Driving with no jail.
Although we had lost the ALS hearing, resulting in a 12-month license suspension for the refusal, that suspension will be immediately terminated and deleted from his driving record.