Hapeville DUI Breath Test Refusal: Reduced to Reckless Driving

Our client was found passed out at an intersection in Hapeville, Georgia.  A concerned citizen called 911 and the Hapeville Police responded.  After banging on the window for a while, our client woke up and exited the vehicle.  He smelled of alcohol and a DUI investigation was conducted.  The Hapeville police officer scored inconsistent results with the Horizontal Gaze Nystagmus evaluation (indicating the officer did not administer the test in accordance to National Highway Traffic Safety Administration guidelines).  Our client did poorly on the Walk and Turn evaluation and the One Leg Stand evaluation.  Once placed under arrest, he refused to the state administered breath test and a license suspension action was initiated.  Skip Sullivan was hired to avoid a DUI conviction in Hapeville for his client.  Mr. Sullivan not only avoided a one year suspension of our client’s driver’s license, but was also able to negotiate a dismissal of the Hapeville DUI charge in exchange for a plea to Reckless Driving in Hapeville Municipal Court

if you are charged with a Hapeville DUI, or have been arrested for a DUI anywhere in Georgia, contact Skip Sullivan at Chestney & Sullivan today at 404.816.8777. 

Twiggs County DUI, Speeding 100 mph: Reduced to Reckless Driving

Skip Sullivan represented a client that was travelling from Savannah to Atlanta on Georgia Highway 16.  His client was clocked speeding at about 100 mph and was pulled over.  After smelling alcohol on our client’s breath, the Twiggs County Sheriff’s Deputy began a DUI investigation.  The deputy did not follow his training on the Horizontal Gaze Nystagmus evaluation and our client did reasonably well on the Walk and Turn and One Leg Stand evaluations.   When arrested, our client was read the Georgia Implied Consent Notice and refused the deputy’s request for a breath test as our client wanted the more accurate blood test.  Mr. Sullivan sent the DUI case out of Twiggs County Probate Court to Twiggs County Superior Court to preserve our client’s right to a jury trial.   He was able to to convince the prosecutor that the Twiggs DUI charge was weak and the DUI was dismissed in exchange for a plea to Reckless Driving.  Our client lived out of state and never had to set foot in court. 

If you are charged with a DUI in Twiggs County or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today. You will be glad you did.  404.816.8777

Austell DUI Single Car Accident, .164 Breath Test: Reduced to Reckless Driving

James “Skip” Sullivan represented a person charged with a DUI in Austell after he drove his car up on the railroad tracks right next to the Austell Police Department.  Our client was very cooperative with the Austell DUI officer throughout the DUI investigation.  Due to the weather, the only field sobriety evaluation that was done was the Horizontal Gaze Nystagmus evaluation.  Our client was then arrested and read the Georgia Implied Consent Notice.  He agreed to take the state administered breath test on the Intoxilyzer 9000 and blew a .164 – twice the legal limit here in Georgia.  Mr. Sullivan was able to convince the prosecutors in Austell Municipal Court that they would be in for a long court battle in Cobb County State Court over the admissibility of the breath test.  The prosecutors agreed to dismiss the DUI in exchange for a negotiated plea to Reckless Driving and Basic Rules. 

If you or a loved one are facing a DUI in Cobb County, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777

Atlanta DUI, Near Collision: Reduce to Reckless Driving

James “Skip” Sullivan represented a driver charged with a DUI in Atlanta, where his client ran a red light and almost collided with another vehicle.  The driver of the other vehicle called police and followed our client, who stopped in front of an Atlanta Police precinct.   A DUI investigation was conducted by an Atlanta police officer, where the officer observed major damage to our client’s car.  Our client could not recall how the damage got there or when it happened.  Our client was arrested and charged with DUI.  Mr. Sullivan decided to move the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial.  Mr. Sullivan believed our client’s due process rights were violated as our client was never read the Georgia Implied Consent Notice, nor was he afforded the opportunity to submit to a chemical test.   The prosecutor in Fulton County State Court agreed and dismissed the DUI charge in exchange for a plea to Reckless Driving.

If you or a loved one have been charged with a DUI in Atlanta, Fulton County, or anywhere in Georgia, call the experienced DUI trial attorneys at Chestney & Sullivan today at 404.816.8777.  

Columbus GA DUI, Georgia State Patrol Refusal: Reduced to Lesser Charge

In a must win situation to avoid a DUI conviction in Columbus, Georgia, James “Skip” Sullivan – partner with Chestney & Sullivan Law Firm, was able to successfully navigate an administrative license suspension action and avoid a DUI conviction  for his client.  Our client was stopped for speeding by a Georgia State Patrol Trooper in Muscogee County, Georgia.  A DUI investigation followed where our client did not perform well.  He was arrested and refused the state breath test after the implied consent notice was read.  An administrative license suspension action was initiated by the trooper, were our client faced a one year suspension of his Georgia driving privileges for refusing the state breath test.  There is no permit if his license was suspended.  Mr. Sullivan was able to avoid the one year suspension of his client’s driving privileges and the trooper was not going to get in the way of negotiations with the prosecution.  We developed a plan for our client to but him in the best possible light for negotiations with the prosecution and Mr. Sullivan was able to negotiate a plea to Reckless Driving.  The DUI and Speeding charges were dismissed. 

If you are facing a DUI in Columbus or anywhere in Georgia, call Chestney & Sullivan today at 404.816.8777

Forsyth County DUI Breath Test Case Reduced to Reckless Driving

Our client was stopped for a DUI investigation by a Forsyth County Sheriff’s Deputy because he was failing to maintain his lane and had a brake light out.  Our client performed reasonably well on field sobriety evaluations but was eventually arrested for DUI in Forsyth County.  He agreed to take a state breath test and the results were above the .08 legal limit in Georgia.  Skip Sullivan represented our client and filed targeted motions attacking critical parts of the prosecution’s case.  The day of motions after discussion with the prosecution and the Forsyth County DUI Officer, the prosecution agreed to reduce the DUI charges to Reckless Driving.  Our client was very happy with the results – so were we! 

If you are charged with a DUI or a serious traffic offense in Georgia, contact Chestney & Sullivan today at 404.816.8777

Atlanta DUI Breath Test: .106 (DUI Dismissed)

An Atlanta police officer came upon our client passed out behind the wheel at an intersection.  The Atlanta officer investigating a DUI eventually woke our client up, smelled alcohol, and began a DUI investigation.  The officer read the Georgia Implied Consent Notice and asked our client to submit to a state administered breath test at the Atlanta Jail. Our client agreed and the result was a .106 (the legal limit in Georgia is .08).  The prosecutors in Atlanta Municipal Court would not negotiate in this case, so Mr. Sullivan demanded a jury trial and the case was transferred to Fulton County State Court.  On the day of trial, Mr. Sullivan was able to convince the Fulton County Solicitor (prosecutor), that the breath test wound not be admissible as our client was not under arrest when the Implied Consent Notice was read.  The prosecutor reluctantly agreed and decided to dismiss the DUI charges and the Improper Stopping charge in exchange for a plea to Reckless Driving.  Our client had to avoid a DUI and was very happy with the result. 

Johns Creek DUI Breath Test Refusal (Dismissed)

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. 

Atlanta DUI, Wrong Side of the Roadway (Dismissed)

Our client was stopped for driving on the wrong side of the roadway in Atlanta.  An Atlanta DUI Task Force officer was called to the traffic stop to conduct an investigation.  The Atlanta officer asked our client to complete field sobriety evaluations, which our client voluntarily did.  Although there were some balance issues, our client otherwise did well on these tests.  The Atlanta DUI Task Force officer arrested our client for DUI and read the Georgia Implied Consent Notice to him.  Our client refused the state-administered breath test and was served a notice of an administrative license suspension action for refusing the state’s breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for his client and persuade the Atlanta Municipal Court prosecutor to dismiss all charges in exchange for a plea to Reckless Driving. 

Cobb County DUI (.104 Breath Test) Reduced to Reckless Driving

Our client stopped to use the restroom at a closed park in Cobb County.  While n the parking lot, Cobb County Police Officers detained our client for being in the park after hours and conducted a DUI investigation.  Our client performed reasonably well on field sobriety evaluations, but was still placed under arrest for DUI in Cobb County.  Our client agreed to take the state administered breath test, which the result was a .104.  The legal limit in Georgia is .08.  Mr. Sullivan filed numerous motions challenging the stop and the admissibility of the breath test on statutory and constitutional grounds.  The was a case Mr. Sullivan was preparing to take up to the appellate courts, however, the Cobb County State Court prosecutor agreed to dismiss the DUI charges and the county park curfew charge in exchange for a negotiated plea to Reckless Driving.