Tagged: Implied Consent

Austell DUI Single Car Accident, .164 Breath Test: Reduced to Reckless Driving

James “Skip” Sullivan represented a person charged with a DUI in Austell after he drove his car up on the railroad tracks right next to the Austell Police Department.  Our client was very cooperative with the Austell DUI officer throughout the DUI investigation.  Due to the weather, the only field sobriety evaluation that was done was the Horizontal Gaze Nystagmus evaluation.  Our client was then arrested and read the Georgia Implied Consent Notice.  He agreed to take the state administered breath test on the Intoxilyzer 9000 and blew a .164 – twice the legal limit here in Georgia.  Mr. Sullivan was able to convince the prosecutors in Austell Municipal Court that they would be in for a long court battle in Cobb County State Court over the admissibility of the breath test.  The prosecutors agreed to dismiss the DUI in exchange for a negotiated plea to Reckless Driving and Basic Rules. 

If you or a loved one are facing a DUI in Cobb County, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777

Atlanta DUI, Near Collision: Reduce to Reckless Driving

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.  

Gilmer County DUI: .143 Breath Test (Dismissed)

Mr. Sullivan represented a client who was camping in Gilmer County.  His vehicle got stuck in the mud and a tow truck was called.  A 911 call was placed and a Gilmer County Sheriff’s Deputy went to the tow truck company and followed our client.  It was raining and our client did not have his head lights on.  A traffic stop was initiated and a DUI investigation took place.  The deputies were very friendly, but were not proficient in field sobriety evaluations and also did not place our client under arrest before the Georgia Implied Consent Notice was read.  Our client did agree to take the state breath test and the result was .143.  The legal limit in Georgia is .08.  He was charged with a Gilmer County DUI.  Mr. Sullivan was able to persuade the prosecutor that the deputies did not follow training protocol for standardized field sobriety evaluations and the results are compromised.  Also, the breath test was inadmissible because our client was not under arrest when the implied consent notice was read.  The prosecution still could have proceeded on a DUI “less safe” charge, but agreed to dismiss the DUI charges and our client entered a plea to a lesser traffic offense of Reckless Driving.