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.
Tagged: reckless driving
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, we persuaded the Johns Creek prosecutor to offer a quick non-DUI resolution to Reckless Driving in Johns Creek Municipal Court.
Atlanta DUI, speeding: Reduced to Reckless Driving
Our software engineer was pulled over by the Georgia State Patrol in Atlanta for driving fast in a convertible Porsche. Unfortunately for her, while speeding she did not use her turn signals. According to the State Trooper who pulled her over, she was going 53 m.p.h., then 65 m.p.h., and then 70 m.p.h. Her performance during field sobriety testing was not great, but her one leg stand performance was not indicative of impairment. Although she performed the field sobriety exercises, she refused the State’s test. Despite marginal evidence, she was arrested for DUI in Atlanta under five different sections—essentially, the Trooper couldn’t formulate an opinion as to what she was under the influence of. We were able to point out the major holes in the case, and the State offered to dismiss all DUI counts, in exchange for a plea to reckless driving.
Atlanta DUI, Speeding; Georgia State Patrol: DUI dismissed
Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper. Client agreed to perform field sobriety evaluations. The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway. He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were). The trooper said he was under arrest no matter what happens. Our client refused to take the breath test. Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper. The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court.
Atlanta DUI Refusal: Reduced
Our client made an illegal turn on red right in front of the Atlanta DUI Task Force Officer. a traffic stop was conducted, where our client was visibly impaired on the video. His speech was also heavily slurred, and he berated the officer throughout the entire time the video was running. Mr. Sullivan was able to persuade the Atlanta prosecutor to reduce the DUI charge down to Reckless Driving and saved our client his driving privileges as well as avoiding a DUI conviction.
Atlanta DUI Accident, Refusal: DUI dismissed
Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump. An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication. There was no video of this incident from the police. Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense.
Henry County DUI: Reduced to Reckless Driving
Our client was pulled over after he made a wide right turn and then did not fully stop at two stop signs. He was pulled over by a Henry County DUI officer and subsequently agreed to perform field sobriety evaluations, including a portable alcosensor. He was arrested for DUI and the traffic violations and took the state breath test, which were .081, .078. Mr. Sullivan was able to negotiate with the prosecutor to outright dismiss the Henry County DUI charge and enter a negotiated plea to minor traffic offenses.
Smyrna DUI, .088 Breath Test: Reduced to Reckless Driving
Our client was stopped by a Smyrna DUI police officer for driving on the wrong side of the road and failure to maintain lane. Client agreed to perform field sobriety evaluations (which the officer had our client do off camera). He was subsequently arrested for DUI. Our client agreed to take the state breath test at the Smyrna Police Station and blew a .088, .099 (the legal limit is .08). Mr. Sullivan was able to avoid an administrative license suspension and negotiate successfully with the prosecutor a dismissal of the Smyrna DUI in exchange for a plea to Reckless Driving.