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. 

Gwinnett DUI Breath Test Case: .089 (reduced to Reckless Driving)

Our client was stopped at a Gwinnett Police DUI checkpoint on Peachtree Industrial Boulevard.  The Gwinnett DUI Task Force Officer conducted an investigation after he smelled alcohol coming from our client.  Our client agreed to perform field sobriety evaluations and was arrested for DUI in Gwinnett County.   The Gwinnett DUI Task Force are the only Gwinnett Police Officers who have in-car videos, however at a pre-planned DUI sobriety checkpoint, those in-car videos inexplicably were not used.  Our client agreed to submit to the state administered breath test and the result was a .089.  The legal limit in Georgia is .08.  The intoxilizer machine displayed an unexplained error during our client’s breath test.  Mr. Sullivan and Chestney & Sullivan Law Firm are well known for challenging the constitutionality of DUI sobriety checkpoints as well as the admissibility of state administered breath tests.  Mr. Sullivan was setting this case up for appellate review.  On the day of a motions hearing, the Gwinnett County DUI prosecutor agreed to dismiss the DUI charge in exchange for a plea to a lesser traffic offense of Reckless Driving. 

Atlanta DUI Single Car Accident (Dismissed)

Our client was involved in a single car accident in the city limits of Atlanta within the borders of DeKalb County.  He snapped a telephone pole and the vehicle then went through a fence, ended up resting next to a retaining wall of a house.  Fire, EMS, and Atlanta Police showed up on the scene.  the Atlanta police conducted a DUI investigation while EMT’s were working on our client.  Our client was transported to the hospital where he was placed under arrest and read the Georgia Implied Consent notice.  He agreed to take a blood test which showed a combination of alcohol, Ambien, and marijuana in his system.  The DUI case started in Atlanta Municipal CourtMr. Sullivan was not able to negotiate a non-DUI plea in Atlanta, so he requested a jury trial in DeKalb County State Court.   Mr. Sullivan filed various motions attacking the DeKalb State Court prosecutor’s DUI case.  At the hearing, Mr. Sullivan successfully cross-examined the Atlanta DUI officers to the point that after the hearing, he was then able to convince the prosecutor that a jury wasn’t going to like his officers and we stood a good chance of getting a not guilty verdict at trial (even with the blood test result).  The Atlanta DUI charge was dismissed in exchange for a negotiated plea to Reckless Driving. 

Walton County DUI: .099 Breath Test (Dismissed)

Our client was stopped for failing to maintain her lane by a Walton County DUI trained deputy.  The failure to maintain lane is clearly visible on the video.  The Walton County Deputy did not properly administer the Horizontal Gaze Nystagmus test, client does well on the walk and turn evaluation but does poorly on the one leg stand evaluation.  It is apparent that it was cold on the video.  Client is arrested and charged with a Walton County DUI.  She agrees to take the state breath test and blows a .099.  The legal limit in Georgia is.08.  Mr. Sullivan was able to negotiate with the Walton County prosecutor to dismiss the DUI charge and the Failure to Maintain Lane charge in exchange for a plea to Reckless Driving. 

Atlanta DUI Refusal (Dismissed)

An Atlanta DUI Task Force Officer was on patrol when he saw our client run a red light (on video).  He initiated a traffic stop and conducted a DUI investigation.  Our client looked reasonably well on the video, but the Atlanta DUI officer made a DUI arrest anyway.  Our client refused to submit to the state breath test.  Mr. Sullivan was able to successfully avoid a one year administrative license suspension for our client and negotiated an outright dismissal of the DUI charge in exchange for a plea to minor traffic offenses with the Atlanta Municipal Court DUI prosecutor

DeKalb DUI .291 Blood Test (dismissed)

Mr. Sullivan represented a client that was involved in a significant single car accident in Decatur Georgia.  Our client went off the road and struck a utility pole.  A Decatur DUI officer arrived on scene and conducted a DUI investigation.  Our client had a significant cut to the lip and was transported to the hospital for treatment.  While at the hospital, the Decatur DUI officer read the Georgia Implied Consent Notice to our client, who agreed to a blood test.  The blood test result was .291.  The legal limit in Georgia is .08.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the blood test was inadmissible because client was not under arrest at the time the notice was read.  The prosecutor agreed to dismiss the DUI charges in exchange for a plea to a lesser traffic charge of Reckless Driving. 

Chamblee DUI (Dismissed)

Mr. Sullivan represented a client who was stopped by a Chamblee DUI officer for speeding.   Our client was extremely argumentative towards the officer during the course of the DUI investigation.  the Chamblee officer dished it right back to our client.  Eventually our client agreed to perform field sobriety evaluations and was arrested for DUI and Speeding.  Our client refused to submit to a breath test.  Mr. Sullivan was able to negotiate with the DeKalb County State Court prosecution to dismiss the DUI and the speeding charge in exchange for a plea to Reckless Driving.  Because of our client’s business relationships, a DUI had to be avoided at all costs, so this outcome assured him of that.