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
Our client struck a vehicle two times before fleeing the scene of the accident in Atlanta. Client was spotted walking a short distance from the client’s vehicle. Atlanta DUI officers detained our client for questioning and made an arrest for an Atlanta DUI and Hit and Run. Mr. Sullivan was successful in persuading the Fulton County State Court prosecutor that our client was in custody without the benefit of Miranda warnings and that any DUI investigation would be suppressed in court. We did not have much of a defense to the Hit and Run charge (an offense that causes a license suspension), however, Mr. Sullivan was able to persuade the prosecutor to dismiss that charge as well in exchange for a non-suspendable offense of Reckless Driving.
Our client hired Mr. Sullivan before the police reached out to interview him in regard to a hit and run in a parking lot at a hotel in Cobb County. There was also evidence of a possible DUI charge. When the Cobb County Police Department’s specialized unit that deals with Hit and Run cases contacted our client, our client did not provide a statement and directed them to Mr. Sullivan. Due to the facts of this case, Mr. Sullivan advised his client that he was not going to make any statements, let alone meet with the investigator. Nor would our client make any statements to the insurance company until the potential criminal case was resolved. Mr. Sullivan acted as the intermediary between his client and the insurance company and provided just enough information to allow the claim to the other party be paid without exposing our client to make a statement that might incriminate himself. We provided the investigator insurance information and only disclosed that our client was the owner of the vehicle involved in the collision. The police would have that information from the tag number provided to the police by a caller the night of the collision. Mr. Sullivan agreed also to provide insurance information for the other party whose vehicle was struck. Because of this strategy, the investigator was unable to put our client behind the wheel as the driver, thus could not bring charges of Hit and Run or DUI. We provided the investigator information that our client’s insurance paid the claim and the investigator closed the case with no criminal charges ever being filed.
Our client rear-ended a car while exiting the expressway in Dunwoody, GA. He decided not to stop at the scene, but eventually stopped in Chamblee, Ga. A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody. A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police. He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia. Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds. Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak. The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.