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. 

Atlanta DUI (reduced to Reckless Driving)

Our client was stopped in Atlanta by a Georgia State Patrol DUI Trooper for suspended registration.  Client admitted to having two drinks and agreed to perform field sobriety evaluations.  The Trooper marked client off for “clues” during the administration of the tests and arrested client for a DUI in Atlanta.  Our client refused to take the state administered test of her breath.  Mr. Sullivan was was able to persuade the Atlanta DUI prosecutor that the trooper failed to follow his training regarding field sobriety evaluations, and as such, the results were compromised.  The prosecutor agreed to dismiss the DUI charge and the suspended registration charge (a charge that if convicted for, causes a license suspension) in exchange for a plea to Reckless Driving and Expired Tag.

Johns Creek DUI, Marijuana Possession (Dismissed)

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. 

Atlanta DUI and Hit and Run (both charges dismissed in exchange for Reckless Driving Plea)

Our client struck a vehicle two times before fleeing the scene of the accident in Atlanta.  Client was spotted walking a short distance from the client’s vehicle.  Atlanta DUI officers detained our client for questioning and made an arrest for an Atlanta DUI and Hit and RunMr. Sullivan was successful in persuading the Fulton County State Court prosecutor that our client was in custody without the benefit of Miranda warnings and that any DUI investigation would be suppressed in court.  We did not have much of a defense to the Hit and Run charge (an offense that causes a license suspension), however, Mr. Sullivan was able to persuade the prosecutor to dismiss that charge as well in exchange for a non-suspendable offense of Reckless Driving. 

Peachtree City DUI (reduced to Reckless Driving)

Our client was stopped by a Peachtree City DUI officer for having his headlight high beams on.  Our client admitted to drinking two beers and agreed to perform field sobriety exercises where overall the client performed well (like any average juror would perform on these DUI evaluations).  Upon completion of the DUI investigation, the Peachtree City DUI officer arrested our client and the officer requested a breath test, to which our client refused.  Mr. Sullivan strategically kept the DUI case in Peachtree City Municipal Court for a bench trial with Judge Ott.   On the eve of trial, the Peachtree City prosecutor offered to reduce the DUI charge to Reckless Driving and our client accepted.  The Reckless Driving disposition saved our client’s career.