Our client was charges with a Cobb County DUI after being stopped for failing to maintain his lane. Marietta Police conducted an investigation for DUI where our client agreed to submit to field sobriety evaluations. Our client was subsequently arrested for DUI and took the state breath rest with a result of .173. The case began in Marietta Municipal Court, but the Marietta DUI charge was sent over to Cobb County State Court to preserve our client’s right to a jury trial. Mr. Sullivan conducted a motions hearing to exclude the .173 breath test from being admissible at trial. While the judge was deciding the motions, Mr. Sullivan was able to persuade the prosecutor that the test would be inadmissible at trial. Subsequently, Mr. Sullivan negotiated with the prosecutor to dismiss the Cobb DUI charge and our client enter a plea 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.