Atlanta DUI Breath Test: .106 (DUI Dismissed)

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. 

Atlanta DUI (Dismissed)

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. 

Roswell DUI, .096 Breath Test (case dismissed)

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.  

Sandy Springs DUI, CDL driver (Not Guilty)

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.   

Atlanta DUI (two car accident), reduced to Reckless Driving

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.  

Union City DUI (dismissed), plea to Reckless Driving

Our client was stopped by Union City Police from a call of a disturbance at a gas station (client got into a heated argument with the clerk).  Officer also noticed a headlight out.  Client showed signs of drinking and impairment and was arrested for DUI and No Headlight.  Client also lived out of state and missed his court appearance for his Union City DUI in Fulton County State Court and a bench warrant was issued.  Mr. Sullivan was able to get the bench warrant lifted in Fulton County State Court and negotiate a dismissal of the Union City DUI charge in exchange for a plea to Reckless Driving. 

Atlanta DUI Refusal: Dismissed

Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop.  Client looked good on the video and had no slurred speech.  Performed reasonably well on field sobriety evaluation.  Client refused a portable breath test and was arrested for an Atlanta DUI.  Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court  as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial.  Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services). 

Atlanta DUI, Georgia State Patrol, Refusal: Dismissal of all charges

Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane.   The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop.  Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane.  She refused the state breath test.  The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm.  Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending.  An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court.  She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar.  Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial.  The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.  

Atlanta accident ticket; CDL driver: dismissed in Fulton State Court

Our client, who has a commercial driver’s license, was involved in a traffic accident when he failed to maintain his lane.  He was issued a traffic ticket and represented himself in Atlanta Municipal Court.  He sent his case over to Fulton County State Court for trial.  He moved and did not get notice of his arraignment date in Fulton State Court and a bench warrant and bond forfeiture was issued.  His license was suspended for failure to appear at his court date.  He subsequently hired our firm.  We quickly got his case out of bench warrant/bond forfeiture status and placed his case on the very next bench trial calendar in Fulton State Court.  Mr. Sullivan was able to successfully negotiate a full dismissal of the traffic ticket and client was able to get his commercial driver’s license reinstated.