Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper. Client agreed to perform field sobriety evaluations. The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway. He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were). The trooper said he was under arrest no matter what happens. Our client refused to take the breath test. Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper. The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court.
Tagged: Georgia State Patrol
Atlanta DUI Refusal, Improper U turn: Reduced to Reckless Driving
Mr. Sullivan was able to save our client’s license from being administratively suspended for a year for refusing the state’s breath test after being arrested for an Atlanta DUI by a Georgia State Patrol Nighthawks DUI task force trooper. Our client made an illegal u turn in view of the trooper and was stopped in a gas station parking lot. Our client’s passenger was having a medical emergency. Our client had noticeable slurred speech, but performed reasonably well on field sobriety evaluations. He was arrested for DUI and refused the state breath test at the jail. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving, avoiding an Atlanta DUI conviction, but also avoiding a one year suspension of our client’s driver’s license.
Atlanta Georgia State Patrol DUI: Refusal reduced to Reckless Driving
Our client was stopped by a Georgia State Patrol Trooper in Atlanta and was told to submit to field sobriety evaluations. Field sobriety evaluations are voluntary, meaning drivers do not have to do them if they don’t want to. Here, our client was directed to perform them. Our client looked good during the evaluations and there was no slurred speech. After being placed under arrest, our client refused to submit to a breath test and faced a one year administrative license suspension with no permit. Mr. Sullivan was able to persuade the Atlanta prosecutor that it would be difficult for the prosecution to win on the DUI charge and the DUI charge was reduced to reckless driving. Mr. Sullivan was also able to avoid a one year administrative license suspension of our client’s driver’s license.
Atlanta DUI: Refusal, reduced to Reckless Driving
Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted. Our client did not perform very well on field sobriety evaluations and was arrested for DUI. He refused the state test of his breath and the trooper initiated a license suspension action. Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving. The Atlanta DUI charge was dismissed. Mr. Sullivan was also able to prevent our client’s license from being suspended.
Fulton County DUI .19 Breath Test – Dismissed
Our 25 year old software engineer executive drove his car at night without headlights on. After a Georgia State Trooper did a typical Atlanta DUI investigation, our client was arrested. Later at the jail he blew a .19 on the state administered breath test. The case finally made its way to Fulton County State Court. The state requested a continuance of the motions hearing due to the Trooper being unavailable. Four months later the State requested a second continuance. Because of our investigation we knew that the Trooper had been transferred to a new post hours away. The judge agreed with our argument that the State had had many months to subpoena the Trooper, and failed to bring him to court. Accordingly, the judge granted all of our motions to suppress evidence, and the case was dismissed.
Georgia State Patrol DUI refusal, CDL driver: case dismissed
A must win for our CDL client who was stopped by Georgia State Patrol for an illegal U-Turn and Failure to Maintain Lane. Our client smelled of an alcoholic beverage and admitted to drinking at a club. He agreed to perform field sobriety evaluations which lead to his arrest for DUI in Atlanta. Our client refused the state blood test and his license was administratively suspended for a year. We rejected a plea offer to Reckless Driving in Atlanta, and Mr. Sullivan pressed for a speedy trial in Fulton County State Court. The prosecution dragged its feet in filing our case in Fulton State Court even after Mr. Sullivan asserted his client’s right to a speedy trial multiple times. Mr. Sullivan filed a motion to dismiss due the speedy trial violation and won the case – all charges dismissed! Our client was very happy CDL was reinstated and his record remained clean.
Atlanta DUI, .129 breath test: Dismissed
Georgia State Patrol Trooper stopped our client for making an improper turn out of a bar in Buckhead. Our client agreed to perform field sobriety evaluations and was subsequently arrested for DUI. Our client agreed to take a breath test and blew a .129. After negotiations were not successful in Atlanta Municipal Court, Mr. Sullivan moved his client’s case over to Fulton County State Court for a jury trial. The prosecution failed to file charges against our client in Fulton County State Court within two years of the arrest date and the charges were dismissed.
Rabun County DUI – Roadblock/refusal: reduced to Reckless Driving
Our client was stopped at a multi-jurisdictional roadblock in the City of Clayton in Rabun County Georgia. Client agreed to perform field sobriety evaluations – which were not video recorded by Georgia State Patrol. Client’s friend did record the field sobriety evaluations on his cell phone. Client was arrested, read the Georgia Implied Consent notice and refused the state’s breath test. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving with the approval of the Trooper.
Atlanta Georgia State Patrol DUI Under 21 .159 Breath Test
A “must win” case Mr. Sullivan was faced with when representing his under 21 client, who was applying to highly competitive medical schools. The facts of the case were bad for the defense: .159 breath test when the legal limit in Georgia for drivers under 21 is .02. Compounded by very bad driving on the video, a flat tire, vomit present, and poor scores on field sobriety, this case definitely needed a “special teams” approach. Skip Sullivan mounted a multi-pronged defense, but ultimately won the case on the sole ground that the prosecution violated our client’s right to a speedy trial. Case dismissed and our client’s future career as a doctor is saved!
Atlanta DUI-Less Safe (refusal), improper lane change – Dismissed
Our 26-year-old client made a wide turn in Atlanta onto Roswell Road and was pulled over. Unfortunately, a Georgia State Patrol Trooper believed she smelled like an alcoholic beverage and began investigating for DUI. She was argumentative during the process, and the Trooper determined her to have all six clues of HGN present. Our client refused to perform any other field sobriety exercises. She initially agreed to a breath test, and later refused. The State offered a plea to DUI, then later reduced that offer to Reckless Driving. Because of our investigation, we knew that the arresting Trooper was no longer employed and was not appearing in Court. We requested a hearing date and called the State’s bluff, and when the Trooper didn’t show, the case was dismissed in total.