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.
Tagged: reckless driving
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.
Hall County DUI Reduced (.134 Blood Test)
Client was stopped for speeding in Hall County, did poorly on field sobriety tests and was arrested for DUI (his second). He agreed to a blood test at the jail, resulting in a BAC of .134. Bob Chestney argued that the test results were inadmissible because the state did not prove the blood test was administered in a reasonable manner under the Fourth Amendment. The judge agreed, and suppressed the test results. Without those results, the assistant solicitor agreed that the DUI case would be difficult to prove, so the case was closed with a plea to Reckless Driving.
Athens DUI (Under 21) reduced to Reckless Driving
Under 21 student at UGA was stopped by Georgia State Patrol Nighthawks late at night for hitting the curb on a right turn. Although the trooper smelled the odor of alcohol, our client denied drinking. He reluctantly agreed to field sobriety tests (mistake), and was arrested for DUI in Athens, Underage Possession of Alcohol and Improper Turn. He wisely refused to submit to any breath test.
The charges were filed in Athens State Court. Although the judge ruled that the trooper did have reasonable grounds for the traffic stop, prior to trial Bob Chestney was able to persuade the prosecutor to drop the Athens DUI charge, in return for a plea to Reckless Driving and a conditional discharge on the Underage Possession charge. This saved our young client’s driver’s license and criminal record.
Atlanta DUI Refusal – Reduced – No conviction or License Suspension
Client was stopped for Speeding (53 mph in a 35 mph zone) and Laying Drags. Client agreed to perform field sobriety evaluations and looked great on video. Client’s speech was not slurred. After being arrested for DUI, the Trooper read the Georgia Implied Consent Notice and client refused the breath test. Mr. Sullivan was able to negotiate reduced charges in Atlanta Municipal Court where client avoided an Atlanta DUI conviction and also avoided a 12 month license suspension.
Brookhaven DUI reduced
Client was stopped when turning on to wrong side of roadway in Brookhaven. Client agreed to perform field sobriety evaluations and showed sufficient number of clues to arrest for DUI. When asked to submit to the state’s breath test, client agreed after being told several times it was “required”. Client blew a 0.129 on the Intoxilyzer 9000. Mr. Sullivan was able to negotiate the Brookhaven DUI down to a Reckless Driving disposition.