Douglas County DUI Refusal/Search Warrant for Blood: Dismissed

Mr. Sullivan successfully avoided an administrative license suspension and a Douglas County DUI conviction for his client.   Client was stopped for following a truck too close.   After an admission of drinking and performing field sobriety evaluations, our client was arrested for DUI in Douglas County, red the Georgia Implied Consent Notice and refused the state’s chemical test.  The officer initiated an administrative license suspension action for the client refusing the state’s test and obtain a search warrant for blood.  Blood was drawn over an hour later and sent to the GBI toxicology department to be tested.  The administrative hearing was set before the toxicology report came back and the Douglas County Sheriff’s department blocked all efforts to release the video of the stop and full police report to Mr. Sullivan.  Mr. Sullivan used the power of the court’s subpoena process to compel the sheriff’s depart to comply.  They did not, but the officer ultimately decided not to go forward with an administrative hearing – saving our client’s driving privileges.  The toxicology report came back with a result well under .08 and Mr. Sullivan and the prosecution negotiated a dismissal of the DUI charge and entered a plea to Following Too Close only.

Atlanta DUI Refusal – Reduced

Client was stopped for Speeding 53 mph in a 35 mph zone) and Laying Drags.  Client agreed to perform field sobriety evaluations and looked great on video.  Client’s speech was not slurred.  After being arrested for DUI, the Trooper read the Georgia Implied Consent Notice and client refused the breath test.  Mr. Sullivan was able to negotiate reduced charges in Atlanta Municipal Court where client avoided an Atlanta DUI conviction and also avoided a 12 month license suspension.

Brookhaven DUI reduced

Client was stopped when turning on to wrong side of roadway in Brookhaven.  Client agreed to perform field sobriety evaluations and showed sufficient number of clues to arrest for DUI.  When asked to submit to the state’s breath test, client agreed after being told several times it was “required”.   Client blew a 0.129 on the Intoxilyzer 9000.  Mr. Sullivan was able to negotiate the Brookhaven DUI down to a Reckless Driving disposition.

East Ellijay DUI, Failure to Maintain Lane: Reduced to Reckless Driving

Client was stopped for Failure to Maintain Lane in East Ellijay, Georgia.  Client agreed to perform field sobriety evaluations and scored 6 out of 6 clues on the Horizontal Gaze Nystagmus evaluation,  3 out of 8 clues on the Walk and Turn evaluation and 1 out of 4 on the One Leg Stand evaluation.  Client was arrested by the East Ellijay DUI officer and refused the state breath test.  Mr. Sullivan was able to negotiate a reduced charge and client never had to appear in court.

Johns Creek – Under 21 DUI .056 Breath Test Reduced

Our under 21 client was stopped by Johns Creek Police while trying to exit a parking lot without his headlights on.  Our client declined field sobriety evaluations but agreed to take the State breath test resulting in a .056 result.  The legal limit for someone under 21 is .02.  The Prosecutor acknowledged there were issues with the stop and admissibility of the test result and decided to reduce the under 21 Johns Creek DUI charge to reckless driving.

Smyrna DUI Refusal: Reduced

Client was stopped for speeding in Smyrna.  The Smyrna DUI officer smelled a strong odor of alcohol and asked our client to perform field sobriety exercises.  Client agreed, but only did the horizontal gaze nystagmus evaluation because client had a sore back.  Client looked reasonably well on the video, but was arrested for DUI.  The Smyrna DUI officer read the Georgia implied consent notice but read it wrong where the substance of the notice changed.  Client refused to submit to the state’s breath test.  The prosecutor acknowledged the issue with implied consent notice and Mr. Sullivan was able to negotiate a dismissal of the Smyrna DUI charge and our client entered a plea to reckless driving.

DeKalb County DUI Refusal – reduced

Client was found asleep in the car in the middle of the road with the engine running.  A DeKalb DUI Officer observed vomit on client’s clothes and that client had slurred and slow speech.  Client admitted to drinking and was unsteady upon exiting the car.  Client refused to do field sobriety evaluations and refused to submit to the state’s breath test and was arrested for a DeKalb County DUI refusal.  At a motions hearing the charges were reduced after Mr. Sullivan successfully negotiated a Reckless Driving plea with the prosecutor and the judge.

Roswell DUI Refusal: Not Guilty

Client was stopped for Speeding 60 in a 40 mph zone and Failing to Maintain Lane.  Roswell DUI Officer J. Ott with the Roswell Police Department conducted a DUI investigation.  Client admitted to having a few beers and agreed to perform field sobriety evaluations.  Client scored all 6 clues on the Horizontal Gaze Nystagmus evaluation, 5 out a possible 8 clues on the Walk and Turn evaluation, and 3 out of 4 possible clues on the One Leg Stand evaluation.  Client looked reasonably well on the Walk and Turn evaluation, but not as good on the One Leg Stand evaluation.   Client’s speech was clear, stopping sequence was fine, walked fine, and was standing fine when communicating with the officer.  Client refused the roadside breathalyzer as well as the State breath test after client was placed under arrest.  We were not able to reach a non-DUI resolution in Roswell Municipal Court through negotiations, so the case was sent to Fulton County State Court for trial.  Mr. Sullivan elected to trust a judge in Fulton County State Court to decide this case over a jury and the judge found our client Not Guilty of the DUI and Not Guilty of the Failure to Maintain Lane, but convicted our client of Speeding (we did not dispute our client was speeding).  The judge gave a nominal fine on the speeding charge that our client was more than happy to pay.

Brookhaven DUI reduced: .099, Independent test .107

Client was stopped for speeding.  Trooper smelled odor of alcohol coming from client.  Client performed field sobriety evaluations and looked good.  Trooper arrested client anyway and client agreed to take the state breath test (0.099).  The legal limit is 0.08.  Client elected to have an independent test and the results were higher: .107.  Mr. Sullivan was able to convince the prosecutor that some of the conversion formulas used to equate a hospital test to a GBI test brought the independent test below .08.  The prosecutor decided to reduce the Brookhaven DUI charge to Reckless Driving and a negotiated plea was entered in Brookhaven Municipal Court.

Doraville/DeKalb DUI dismissed: .113 breath test

Client was stopped by Doraville police for no headlights and failing to maintain lane.  Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video.  After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath.  Client consented and the result was a .113.  Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test.  The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial.  The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.