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.
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.
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 Run. Mr. 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.
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.
Our client was observed by Smyrna Police failing to maintain his lane and touching the double yellow line several times while driving. the Smyrna DUI officer initiated a traffic stop and began a DUI investigation after he smelled alcohol. Client agreed to perform field sobriety evaluations and performed less than stellar on the walk and turn evaluation, but looked good on the one leg stand evaluation. He refused a portable alcosensor. Client also made some incriminating statements after he was arrested for his Smyrna DUI. Mr. Sullivan was able to avoid an administrative license suspension for our client and was able to successfully negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving.
Our client was stopped by Lilburn Police for travelling 61 mph in a 40 mph zone. She also had her brights on. Our client agreed to perform field sobriety evaluations and based upon the results of the evaluations, she was arrested for DUI in Lilburn. She refused to submit to the state administered breath test and faced a one year license suspension of her driving privileges due to the refusal. Mr. Sullivan was able to navigate the administrative license suspension action while the DUI case was pending in Lilburn Municipal Court. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange to a plea of Reckless Driving and
Our client ran a red light in Atlanta and struck another vehicle. Atlanta Police responded to investigate. Our client admitted to drinking and after an investigation, was arrested for DUI in Atlanta. He agree to take the state’s breath test at the jail, but after an unexplained two hour delay, his alcohol level dropped to a .077. The Fulton County State Court prosecution had the ability to present evidence that our client was over .o8 at the time of driving as well as being DUI less safe. Mr. Sullivan was able to persuade the prosecution that they would still have a difficult time proving its case beyond a reasonable doubt. The Atlanta DUI and Red Light charges were dismissed in exchange for a negotiated plea to Reckless Driving.
Our client was stopped by Union City Police from a call of a disturbance at a gas station (client got into a heated argument with the clerk). Officer also noticed a headlight out. Client showed signs of drinking and impairment and was arrested for DUI and No Headlight. Client also lived out of state and missed his court appearance for his Union City DUI in Fulton County State Court and a bench warrant was issued. Mr. Sullivan was able to get the bench warrant lifted in Fulton County State Court and negotiate a dismissal of the Union City DUI charge in exchange for a plea 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.
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.