Forsyth County 2/5 DUI Reduced to Reckless Driving

Client arrested in Forsyth County for DUI, and he refused the state-administered breath test.  He has a 2012 DUI conviction, so this would have been a 2nd in 5 years, subjecting him to about six months in jail and a lengthy license suspension if convicted again.  Bob Chestney was selected as lead counsel, and several motions were filed, including a Motion to Suppress his Refusal on Georgia Constitutional grounds (based on the recent Olevik v. State decision by the GA Supreme Court).  At the motion hearing, the State agreed to reduce the DUI to Reckless Driving with no jail.

Although we had lost the ALS hearing, resulting in a 12-month license suspension for the refusal, that suspension will be immediately terminated and deleted from his driving record.

Roswell Fleeing and Attempting to Elude: Reduced to Reckless Driving

Our client was clocked doing 92 in a 65 mph zone on Georgia 400 south by Roswell Police.  The Roswell police officer attempted to catch up to our client to initiate a traffic stop.  Our client took a quick turn onto a side street and ran through a stop sign while the officer was pursuing him with his emergency equipment on.  Client eventually stopped and was placed in an investigatory detention and charged with speeding, fleeing and attempting to elude, and reckless driving.  Fleeing and attempting to elude carries a very harsh statutory mandatory minimum penalty of 10 days in jail.  Mr. Sullivan was able to convince the prosecutor in Roswell that this particular case did not warrant the prosecutor pursuing the fleeing and attempting to elude charge or the speeding charge (a 4 point offense) and negotiated a plea to only the reckless driving charge, avoiding jail time for our client. 

Covington DUI Refusal: Reduced to Reckless Driving

A concerned citizen was following our client and called in to Georgia State Patrol that our client was failing to keep the vehicle in a single lane.  A Georgia State Trooper spotted our client’s vehicle and also noticed it failing to maintain the vehicle within the lane.  The trooper initiated a traffic stop in Covington, Georgia and after a brief conversation, allowed our client to drive off.  The Trooper then saw our client drive off onto the shoulder of the road and stopped the vehicle again.  A DUI investigation began, where our client performed field sobriety evaluations and tested high on a portable alcosensor (almost twice the legal limit).  Our client was subsequently arrested for a DUI in Covington.  Mr. Sullivan was able to convince the prosecutor that the client performed well enough on field sobriety evaluations that a jury might not convict on the DUI charge.  The prosecutor agreed and a plea to reckless driving was negotiated. 

Cobb County DUI Breath Test .173: Reduced to Reckless Driving

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.  

Woodstock DUI: Reduced to Reckless Driving

Our Woodstock DUI client was observed by Woodstock Police throwing up besides her car in a parking lot.  Our client then drove off not coming to a complete stop at a stop sign exiting the parking lot.   The Woodstock police officer initiated a traffic stop and client pulled back into the same parking lot.  A DUI investigation was conducted after the officer smelled a strong odor of alcohol coming from our client, observed bloodshot, watery eyes, and observed our client vomiting.  Our client performed field sobriety evaluations and scored the maximum clues on the Horizontal Gaze Nystagmus evaluation, 5 out of 8 possible clues on the Walk and Turn evaluation, and 1 out 4 clues on the One Leg Stand evaluation.  She was then arrested and charged with DUI and running a stop sign. Mr. Sullivan was able to successfully negotiate with the Woodstock solicitor (prosecutor) to drop the DUI charge in exchange for a plea to Reckless Driving. 

Spalding County DUI, .40 Blood Test: Reduced

In her Spalding County DUI case, our client lost control of her vehicle and crashed into a collision repair shop parking lot in Spalding County.  A witness saw the accident and called police.  Georgia State Patrol responded and conducted an investigation.  Due to the accident, no field sobriety evaluations were performed, but the trooper noticed a very strong odor of an alcoholic beverage from our client.  Our client was transported to the hospital for treatment. Our client was charged for DUI in Spalding County and blood was draw for testing at the GBI.  The blood test result was .40, five times the legal limit.   Mr. Sullivan was able to persuade the prosecution that due to the delay of the case and admissibility issues of the state’s blood test to dismiss the DUI charge, resulting in a negotiated plea to Too Fast for Conditions and Reckless Driving.  

Gwinnett DUI refusal: Reduced to Reckless Driving

Mr. Sullivan’s client failed to maintain her lane to the point that she struck a curb and blew two tires out, observed by a citizen who called the Gwinnett Police.  Client was visibly intoxicated and had very thick, slow, and slurred speech.  Our client also could not keep balance while walking.  After a DUI investigation, she was arrested for DUI in Gwinnett County.  The Gwinnett DUI case began in Gwinnett Recorder’s Court, but after plea negotiations failed, the case was sent to Gwinnett State court to preserve our client’s right to a jury trial.  On the day of trial when the case was called, the prosecution offered a reckless driving disposition that our client accepted. 

Atlanta DUI Refusal: Dismissed

Our client clearly did not stop at a red light in Atlanta (on video) and a Georgia State Patrol Trooper made a traffic stop.  Client looked good on the video and had no slurred speech.  Performed reasonably well on field sobriety evaluation.  Client refused a portable breath test and was arrested for an Atlanta DUI.  Mr. Sullivan rejected a reckless driving plea offer in Atlanta Municipal Court  as it may affect travel to Canada and sent the case to Fulton County State Court for a jury trial.  Mr. Sullivan successfully negotiated a plea to running a stop sign (which our client clearly did) and a basic rules violation (does not get reported to the Georgia Department of Driver Services). 

DeKalb County DUI, .154 breath test; Hit and Run: DUI charges dismissed

Our client rear-ended a car while exiting the expressway in Dunwoody, GA.  He decided not to stop at the scene, but eventually stopped in Chamblee, Ga.  A Chamblee officer responded to the scene, but called in Dunwoody police to come to the scene as the Hit and Run charge occurred in Dunwoody.  A DUI investigation was conducted and our client was arrested for DUI by Dunwoody police.  He agreed to take the state-administered breath test and blew a .154 – almost twice the legal limit in Georgia.  Mr. Sullivan moved the case from Dunwoody Municipal Court to DeKalb County State Court to challenge the DeKalb DUI arrest and the admissibility of the breath test on constitutional and police jurisdiction grounds.  Mr. Sullivan was able to convince the DeKalb State Court prosecutor that the state breath test would not be admissible at trial, and without that, the rest of the prosecution’s DUI case was weak.  The DeKalb DUI charges were dismissed, and Mr. Sullivan negotiated a plea to the Hit and Run charge (which our client admitted to doing) and minor traffic offenses.  

Johns Creek DUI Refusal of Breath Test: Reduced to Reckless Driving

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, Adam Brown persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.