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.
James “Skip” Sullivan represented a driver who was stopped in the Buckhead section of Atlanta for failing to stop at a red light and speeding by a Georgia State Patrol Trooper (Nighthawks) In addition to the bad driving, our client also had slurred speech and red, bloodshot eyes. After being asked to exit his vehicle multiple times, he refused to exit his vehicle when finally ordered to do so by the Georgia State Trooper. He was then forcibly removed from the vehicle and placed under arrest for a DUI in Atlanta and Obstruction of a Law Enforcement Officer. The Trooper misread a portion of the Georgia Implied Consent Notice and our client refused to submit to a state breath test. Mr. Sullivan took the case out of Atlanta Municipal Court and demanded a jury trial in Fulton County State Court. After multiple hearings, including an administrative license suspension hearing, the Fulton County State Court prosecutors decided to dismiss every charge except for speeding, to which our client paid a nominal fine with no other conditions attached.
If you are faced with a DUI or serious criminal charges, contact Chestney & Sullivan today at 404.816.8777
Skip Sullivan, partner with Chestney & Sullivan Law Firm represented our client who was stopped by the Atlanta Police Department for striking another occupied vehicle while driving in Atlanta (knocked off the other driver’ side mirror). He was immediately placed in the back of the Atlanta Police patrol car. No field sobriety tests were performed. Our client was eventually read the Georgia Implied Consent Notice and agreed to take a breath test at the jail. The results were very high: .197/.202. Mr. Sullivan sent the case out of Atlanta Municipal Court to Fulton County State Court for a jury trial. He also filed motions attacking the admissibility of the breath test as well as a motion alleging a speedy trial violation. After two motions hearing dates, the prosecution could not meet their burden and the Fulton County State Court Judge granted Mr. Sullivan’s motion to dismiss.
If you have an Atlanta DUI charge, call Chestney & Sullivan today 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.
Mr. Sullivan represented a commercial truck driver in Atlanta who was stopped by a Georgia State Patrol DUI Task Force Trooper for not having his headlights on. Our client also failed to maintain his lane. The Trooper conducted field sobriety evaluations and our client was arrested for a DUI in Atlanta. The client agreed to submit to the state breath test and blew a .117. The legal limit is .08. Mr. Sullivan challenged the admissibility of the breath test in court along with a motion arguing our client’s right to a constitutional speedy trial was violated. The court found that the Fulton State Court prosecution was not able to meet it’s burden at a motion hearing and granted Mr. Sullivan’s motion to dismiss all charges. Our client’s commercial driver’s license and his career were saved.
Mr. Sullivan successfully defended a client who was found passed out at an intersection in Atlanta by Atlanta Police. Georgia State Patrol was brought to the scene to conduct an Atlanta DUI investigation. Client did terrible on field sobriety evaluations and was arrested for DUI in Atlanta. Our client refused to submit to the state administered breath test. The DUI case was moved out of Atlanta Municipal Court to Fulton County State Court. The prosecution took a very long time in filing the case. Mr. Sullivan filed motions attacking the prosecution’s DUI case, including filing a motion to dismiss due to the delay in the prosecution and a motion challenging the initial detention of our client. At the time of trial, the prosecution was unable to bring the initial officer to court (the arresting officer was there). Arguably the prosecution still could possibly go forward with its case (the Georgia case law is murky in this area), but Mr. Sullivan was able to convince the prosecutor to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving.
Our Roswell client was behind the wheel in the parking lot of a hotel he was staying at. He was asleep behind the wheel with some evidence of spittle on his pants that the Roswell DUI officers mistook for some other bodily fluid…. The Roswell police were altered to our client’s car when he fell asleep and his head laid on the horn. When they arrived they also noticed that his car was not aligned in the parking space. Client admitted to being at a sports bar earlier and wanted to sober up before he went inside to his family. After performing field sobriety evaluations, he was arrested and charge with a DUI in Roswell. He agreed to take the official breath test and the result was .096 (the legal limit in Georgia is .08). After negotiations did not achieve a non-DUI resolution in Roswell Municipal Court, Mr. Sullivan sent the case to Fulton County State Court and strategically filed a Constitutional Speedy Trial Demand. When the case was finally filed in state court and brought to a hearing, Mr. Sullivan argued effectively that a delay of more than two years to bring the case to trial harmed his client and argued for a dismissal based on our client’s right to a speedy trial. The Fulton County State Court trial judge agreed and dismissed the case.
In a must win case, Skip Sullivan and Bob Chestney were able to avoid an administrative license suspension for our CDL holder while his DUI case was pending and got a Not Guilty verdict from a judge in Fulton County State Court. Our client was asleep in his vehicle alongside a roadway in Sandy Springs. While on patrol, a Sandy Springs police officer came upon our client’s vehicle parked on the side of the road with the two driver’s side tires over the solid while fog line. Our client was asleep in the back seat of his car with throw up in the back of the car as well as outside on a door handle and on the ground. Once awoken and out of his car, client was very disoriented and showed visible signs of impairment. During the course of the investigation, the Sandy Springs officer had client sit back in his car. Client then proceeded to start up his car and revved the engine multiple times. The officer then turned off the car, grabbed the keys and got the client out of the car. As Sandy Springs DUI officer was called to the scene to assist in the DUI investigation. After performing field sobriety, client was arrested for DUI in Sandy Springs, Improper Parking, and Failure to Change Address within 60 days. At trail, Mr. Sullivan crossed examined the officers on their observations and argued the the judge that the prosecution had not met its burden of proving that defendant moved his vehicle at any point and if the prosecution was able to prove that the vehicle moved at some point, the prosecution had no evidence whether client was impaired at the time the vehicle was parked at that location. The Fulton County State Court judge agreed and found our client Not Guilty of DUI, Not Guilty of Failing to Change Address within 60 Days, but Guilty of the Improper Parking charge (Georgia DDS assesses no points for this offense). Client was able to save his Georgia CDL and his career.
Our client ran a red light in Atlanta and struck another vehicle. Atlanta Police responded to investigate. Our client admitted to drinking and after an investigation, was arrested for DUI in Atlanta. He agree to take the state’s breath test at the jail, but after an unexplained two hour delay, his alcohol level dropped to a .077. The Fulton County State Court prosecution had the ability to present evidence that our client was over .o8 at the time of driving as well as being DUI less safe. Mr. Sullivan was able to persuade the prosecution that they would still have a difficult time proving its case beyond a reasonable doubt. The Atlanta DUI and Red Light charges were dismissed in exchange for a negotiated plea to Reckless Driving.