Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted. Our client did not perform very well on field sobriety evaluations and was arrested for DUI. He refused the state test of his breath and the trooper initiated a license suspension action. Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving. The Atlanta DUI charge was dismissed. Mr. Sullivan was also able to prevent our client’s license from being suspended.
Tagged: James “Skip” Sullivan
Cobb County DUI: reduced to Reckless Driving
Our client was stopped for speeding (65 mph in a 45 mph zone), and failure to maintain lane. Our client’s license was also expired. The Cobb police officer smelled the odor of alcohol and conducted a DUI investigation which included the Horizontal Gaze Nystagmus evaluation, walk and turn, and one leg stand. Our client looked reasonably well on the video. Mr. Sullivan was able to negotiate a reduced charge of Reckless Driving and all other charges, including the Cobb DUI charge were dismissed.
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.