DUI Ignition Interlock Waiver (Granted)

Sometimes our firm is called upon to do clean up on cases we did not represent clients on when they multiple DUI convictions in Georgia.  Typically people come to us to see if they can get a statutorily mandated requirement for the installation of an ignition interlock device waived by the trial court.  We routinely handle these types of cases and for the vast majority of these types of cases, we are able to have a trial court sign off on an order waiving the ignition interlock requirement.  Each court handles this issue differently.  We were hired by a person who was convicted of two DUI charges within five years of each other that triggered the ignition interlock requirement.  The most recent DUI was in Cobb County.  Our firm did not represent this particular client on those DUI cases and we were brought in to represent him post conviction.  Our client was moving out of state and would not be able to satisfy the ignition interlock requirements in the state he was moving to.  Mr. Sullivan was able to investigate the DUI in Cobb County, file a motion to waive the Ignition Interlock Device requirement, and if need be, conduct a hearing in court.  Mr. Sullivan was able to get the Cobb County judge to sign an order waiving the Ignition Interlock requirement and our client was subsequently able to get a license in the state he moved to. 

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. 

Johns Creek DUI Breath Test Refusal (Dismissed)

Our client was stopped in Johns Creek for not having his headlights on.   Our client’s driving and stopping sequence was captured on video – you could clearly see that his headlights were not on.  His driving was fine and the stopping sequence was conducted in a safe manner.  His exit from the vehicle was fine, but his breath smelled of an alcoholic beverage and our client made some incriminating statements to the Johns Creek DUI officer.  He refused to submit to standardized field sobriety evaluations and was arrested for DUI and Driving Without Headlights.  He was also served with a notice of an administrative license suspension action for refusing to submit to the state breath test.  Mr. Sullivan was able to avoid an administrative license suspension for our client and also convinced the Fulton County State Court prosecutor to dismiss the DUI and the No Headlights charge in exchange for a plea to Reckless Driving. 

Atlanta DUI, Wrong Side of the Roadway (Dismissed)

Our client was stopped for driving on the wrong side of the roadway in Atlanta.  An Atlanta DUI Task Force officer was called to the traffic stop to conduct an investigation.  The Atlanta officer asked our client to complete field sobriety evaluations, which our client voluntarily did.  Although there were some balance issues, our client otherwise did well on these tests.  The Atlanta DUI Task Force officer arrested our client for DUI and read the Georgia Implied Consent Notice to him.  Our client refused the state-administered breath test and was served a notice of an administrative license suspension action for refusing the state’s breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for his client and persuade the Atlanta Municipal Court prosecutor to dismiss all charges in exchange for a plea to Reckless Driving. 

Atlanta DUI Accident, Breath Test Refusal (All Charges Dismissed)

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. 

Cobb County DUI (.104 Breath Test) Reduced to Reckless Driving

Our client stopped to use the restroom at a closed park in Cobb County.  While n the parking lot, Cobb County Police Officers detained our client for being in the park after hours and conducted a DUI investigation.  Our client performed reasonably well on field sobriety evaluations, but was still placed under arrest for DUI in Cobb County.  Our client agreed to take the state administered breath test, which the result was a .104.  The legal limit in Georgia is .08.  Mr. Sullivan filed numerous motions challenging the stop and the admissibility of the breath test on statutory and constitutional grounds.  The was a case Mr. Sullivan was preparing to take up to the appellate courts, however, the Cobb County State Court prosecutor agreed to dismiss the DUI charges and the county park curfew charge in exchange for a negotiated plea to Reckless Driving. 

Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)

Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard.  The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client.  Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County.   The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used.  Our client agreed to submit to the state administered breath test and the result was a .089.  The legal limit in Georgia is .08.  The intoxilizer machine displayed an unexplained error during our client’s breath test.  Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests.  Mr. Sullivan was setting this case up for appellate review.  On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

Atlanta DUI Single Car Accident (Dismissed)

Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County.  He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house.  Fire, EMS, and Atlanta Police showed up on the scene.  the Atlanta police conducted a DUI investigation while EMT’s were working on our client.  Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice.  He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system.  The DUI case started in Atlanta Municipal CourtMr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court.   Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case.  At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result).  The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving. 

Forsyth County DUI (Not Guilty)

Our client made a wide turn onto another road and almost collided with another vehicle (caught on camera by the Forsyth County DUI Deputy).  Our client immediately pulled into a Waffle House and was detained by the deputy for a Forsyth County DUI investigation.  Our client agreed to perform field sobriety evaluations and was subsequently arrested for a DUI in Forsyth County.  He refused to submit the state administered breath test and was served a notice of an administrative license suspensionMr. Sullivan conducted a hearing for the the administrative suspension and was able to use a transcript from that hearing to his client’s advantage at his DUI jury trial in Forsyth County.  the Forsyth County jury found our client Not Guilty of the DUI, but did convict him on minor traffic offenses.  The DUI acquittal enabled our client to get his license reinstated.  

Walton County DUI: .099 Breath Test (Dismissed)

Our client was stopped for failing to maintain her lane by a Walton County DUI trained deputy.  The failure to maintain lane is clearly visible on the video.  The Walton County Deputy did not properly administer the Horizontal Gaze Nystagmus test, client does well on the walk and turn evaluation but does poorly on the one leg stand evaluation.  It is apparent that it was cold on the video.  Client is arrested and charged with a Walton County DUI.  She agrees to take the state breath test and blows a .099.  The legal limit in Georgia is.08.  Mr. Sullivan was able to negotiate with the Walton County prosecutor to dismiss the DUI charge and the Failure to Maintain Lane charge in exchange for a plea to Reckless Driving.