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. 

Atlanta DUI: Refusal, reduced to Reckless Driving

Our client was stopped for speeding by a Georgia State Patrol Nighthawks trooper (DUI task force officer) and a DUI investigation was conducted.  Our client did not perform very well on field sobriety evaluations and was arrested for DUI.  He refused the state test of his breath and the trooper initiated a license suspension action.  Mr. Sullivan investigated our client’s case and was able to successfully negotiate a lesser charge of reckless driving.  The Atlanta DUI charge was dismissed.  Mr. Sullivan was also able to prevent our client’s license from being suspended. 

Cobb County DUI: reduced to Reckless Driving

Our client was stopped for speeding (65 mph in a 45 mph zone), and failure to maintain lane.  Our client’s license was also expired.  The Cobb police officer smelled the odor of alcohol and conducted a DUI investigation which included the Horizontal Gaze Nystagmus evaluation, walk and turn, and one leg stand.  Our client looked reasonably well on the video.  Mr. Sullivan was able to negotiate a reduced charge of Reckless Driving and all other charges, including the Cobb DUI charge were dismissed. 

DeKalb County DUI Accident, .094 Blood Test: Reduced to Reckless Driving

Our non-native English speaking client wrecked his car head-first into a brick sign, and his car came to a rest on its side in a ditch.  Numerous witnesses stopped or called 911.  The DeKalb County Police investigated the DUI, arrested out client, and had our client’s blood drawn at the hospital.  The GBI tested the blood which revealed a BAC of 0.094. We pushed for trial, and when the State’s toxicologist couldn’t be available to appear in court—again, and again—the DeKalb DUI case was reduced to reckless driving.

Atlanta DUI .202 breath test, accident: reduced to reckless driving

Client was involved in a single car accident where Atlanta Police responded to investigate.   Client was shaken up by the accident, but agreed to field sobriety where client performed poorly.  The officer read the implied consent notice for a state breath test before our client was placed under arrest.  Because the officer only charged our client with DUI per se (being over .08),  the prosecution was not able to have an admissible breath test at trial as the statute requires an arrest before the officer can request a breath test under these specific circumstances under Georgia law.   Mr. Sullivan was able to convince the prosecution to drop the DUI charge and client entered a plea to minor traffic offenses. 

Fulton County DUI Drugs Dismissed

Our 23-year old client was involved in a parking lot scuffle and collision, showed significant signs of drug impairment, and was arrested and charged in Atlanta with DUI-Drugs and Reckless Driving.  Case bound over to State Court of Fulton County, where the Court sustained our demurrer to both counts, finding them lacking sufficient detail to allow us to fairly defend them.  Bob Chestney handled the hearing, and subsequently negotiated a plea to Reckless Driving.  Since he had completed drug treatment, done community service and was able to pay his fine, our client even avoided probation.

Dunwoody DUI Reduced Despite 2 Prior Convictions

Client was stopped for rather sloppy driving near Perimeter Mall by Dunwoody Police, and arrested for DUI.  Her previous attorney had the case bound over to DeKalb State Court, and filed some boilerplate motions, which were all denied.  The Court held that both prior DUI convictions could be used by the State at trial.  Client retained Bob Chestney at the last minute, with the case set for trial.  We were able to convince the judge to allow us to file an out-of-time motion to suppress the prescription drugs found during a search of her purse, and which she was alleged to be impaired from.  Prior to a hearing on this motion, the prosecutor who had a long history with Mr. Chestney offered to drop the Dunwoody DUI charge with a plea of Nolo Contendere to Reckless Driving.