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.
Mr. Sullivan successfully represented a client who was stopped at a sobriety checkpoint set up by Johns Creek DUI officers. Our client looked reasonably well during the field sobriety evaluations, but was still arrested for a Johns Creek DUI. Our client refused to submit to the state blood test. Upon searching our client’s vehicle, the officer found marijuana and charged our client with that as well. Mr. Sullivan set up a constitutional challenge to the roadblock itself and the admissibility of the marijuana and refusal to submit to the state test. On the eve of trial the Fulton County prosecutor agreed to dismiss the marijuana and DUI charges outright in exchange for a plea to reckless driving. Our client gladly accepted.
Our client with a prior Georgia DUI conviction was late for work and driving in the emergency lane during rush hour traffic. Sadly for her, she drank alcohol the night before, and the Johns Creek officer smelled it upon pulling her over. Our client was unable to complete any field sobriety testing due to severe vision impairment and “bad knees.” Our client refused to blow on the alcosensor, and later refused the state’s breath test. Our investigation revealed a lack of evidence to support probable cause to arrest for DUI in Johns Creek, and because of that, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.
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.