Barrow County DUI Refusal: Reduced to Reckless Driving

Our military client was stopped for failing to maintain lane by a Barrow County Sheriff’s Deputy who specializes in DUI cases.  Client agreed to perform field sobriety exercises and was subsequently arrested for DUI.  Our client refused the officer’s breath test and faced an administrative license suspension for a year.  Mr. Sullivan was able to get the DUI charge reduced in court with the help of the deputy and also avoided a one year suspension of his client’s license.  

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 accident case, .157 hospital blood test: reduced to Reckless Driving

Our client struck the side rear trailer of a tractor trailer in Atlanta.  Police and EMS responded to the scene.  The Atlanta officer smelled a strong odor of an alcoholic beverage from our client and his eyes were bloodshot and glassy.  Our client also admitted to drinking multiple alcoholic beverages.  He was arrested and transported to Grady detention.  The prosecution obtained a search warrant for our client’s medical records that revealed an alcohol concentration of .157.  Mr. Sullivan was able to convince the prosecutor that not only was the hospital blood test inadmissible, but that our client’s statutory due process rights were  violated when the officer did not read the Georgia Implied Consent Notice to our client, which also advises a right to an independent test.  The DUI charge was dismissed and our client entered a negotiated plea to minor traffic offenses. 

Roswell DUI refusal: Case reduced to Reckless Driving

Our client was stopped by a Roswell DUI police officer for not having his headlights on and failing to maintain his lane.   Client admitted to having a few drinks and performed field sobriety evaluation.  He was arrested for his Roswell DUI and refused the state breath test after the implied consent notice was read to him.  Our client was not particularly cordial to the Roswell officer after his arrest and even threatened to do harm to him.  Mr. Sullivan was able to navigate his case in Roswell that ultimately led to negotiating with the prosecutor successfully to a Reckless Driving resolution.  

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 DUI .202 breath test, accident: reduced to reckless driving

Client was involved in a single car accident where Atlanta Police responded to investigate.   Client was shaken up by the accident, but agreed to field sobriety where client performed poorly.  The officer read the implied consent notice for a state breath test before our client was placed under arrest.  Because the officer only charged our client with DUI per se (being over .08),  the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law.   Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses. 

Marietta DUI – Refusal: Reduced to Reckless Driving

Our client was stopped for failure to maintain lane by a Marietta DUI officer.  The failure to maintain lane was visible on the Marietta Officer’s patrol car video.  Client was asked to perform filed sobriety evaluations where the video showed client visibly agitated with the officer, but agreed to do the sobriety evaluations.  There were noticeable clues on the field sobriety evaluations and client was arrested for DUI in Marietta.  Our client refused the breath test.  Mr. Sullivan was able to convince the prosecutor in Marietta Municipal Court that the charges should be dropped down to a lesser offense of reckless driving.  

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!  

Marijuana Possession with Intent to Distribute- Henry County Dismissal

Our client was a passenger in a vehicle that was stopped by a Henry County Police K-9 Officer for Failure to Maintain Lane on I-75.  After questioning and an alert by the officer’s drug dog, the vehicle was searched.  A pound of marijuana and a scale was located.  Through Skip Sullivan’s work and coordination with the co-defendant’s attorneys, we were able to get our client’s case completely dismissed.