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.
James “Skip” Sullivan represented a driver charged with a DUI in Atlanta, where his client ran a red light and almost collided with another vehicle. The driver of the other vehicle called police and followed our client, who stopped in front of an Atlanta Police precinct. A DUI investigation was conducted by an Atlanta police officer, where the officer observed major damage to our client’s car. Our client could not recall how the damage got there or when it happened. Our client was arrested and charged with DUI. Mr. Sullivan decided to move the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial. Mr. Sullivan believed our client’s due process rights were violated as our client was never read the Georgia Implied Consent Notice, nor was he afforded the opportunity to submit to a chemical test. The prosecutor in Fulton County State Court agreed and dismissed the DUI charge in exchange for a plea to Reckless Driving.
If you or a loved one have been charged with a DUI in Atlanta, Fulton County, or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777.
James “Skip” Sullivan represented a Georgia CDL driver that was arrested for a DUI in Atlanta. Atlanta officers responded to a 911 call about a person passed out behind the wheel of a car in a residential neighborhood. When Atlanta Police arrived, they found our client passed out behind the wheel while the engine was still running. Our client’s speech was slurred and he thought he was in a different state when asked. Our client also almost fell over during field sobriety evaluations and refused a roadside portable breath test. Mr. Sullivan need to with this case as this was his client’s second DUI arrest and if convicted, his client would lose his commercial driver’s license for life. A “special teams” defense was deployed, including filing a speedy trial demand in Atlanta Municipal Court before the case was sent to Fulton County State Court for trial. Mr. Sullivan also set up a constitutional due process issue as our client was not read the Georgia Implied Consent Notice at the time of his arrest that would have informed him, among other things, of his right to an independent test. After an almost two year delay in the filing of this case in Fulton County, Mr. Sullivan’s motions were set up perfectly for the Fulton judge to rule in our favor – even when the actual facts of our case were bad. On the day of motions and trial, the Fulton County prosecutor failed to get their witnesses in court after issue was joined for a bench trial and the judge declared our client not guilty.
Planning and preparedness for whatever may come our way in court is what sets Chestney & Sullivan apart from other DUI law firms. Even if the officer showed up, we were prepared to argue motions that we stood an excellent chance of winning. Call Chestney & Sullivan today to discuss your DUI charges at 404.816.8777.
An Atlanta police officer came upon our client passed out behind the wheel at an intersection. The Atlanta officer investigating a DUI eventually woke our client up, smelled alcohol, and began a DUI investigation. The officer read the Georgia Implied Consent Notice and asked our client to submit to a state administered breath test at the Atlanta Jail. Our client agreed and the result was a .106 (the legal limit in Georgia is .08). The prosecutors in Atlanta Municipal Court would not negotiate in this case, so Mr. Sullivan demanded a jury trial and the case was transferred to Fulton County State Court. On the day of trial, Mr. Sullivan was able to convince the Fulton County Solicitor (prosecutor), that the breath test wound not be admissible as our client was not under arrest when the Implied Consent Notice was read. The prosecutor reluctantly agreed and decided to dismiss the DUI charges and the Improper Stopping charge in exchange for a plea to Reckless Driving. Our client had to avoid a DUI and was very happy with the result.
Our client hit the median wall and drove the vehicle for a short distance until it became inoperable. A witness saw the accident, called the police, followed our client and waited on scene to talk to the police. A non-DUI officer first arrived on scene and placed our client in the back of the patrol vehicle. That officer called an Atlanta DUI Task Force officer to the scene to conduct a DUI investigation, took our client out of the patrol car and conducted field sobriety evaluations. The Georgia Implied Consent Notice was read and our client refused the state administered breath test. Mr. Sullivan moved the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial. Mr. Sullivan filed various motions seeking to suppress field sobriety evaluations and the refusal to submit to the state breath test on statutory and constitutional grounds. Mr. Sullivan also filed a motion to dismiss to to the extreme delay by the prosecution getting this case to trial. The Fulton County State Court judge ruled the prosecution had not met its burden a a motions hearing and granted Mr. Sullivan’s motion to dismiss all charges.