Our Roswell client was behind the wheel in the parking lot of a hotel he was staying at. He was asleep behind the wheel with some evidence of spittle on his pants that the Roswell DUI officers mistook for some other bodily fluid…. The Roswell police were altered to our client’s car when he fell asleep and his head laid on the horn. When they arrived they also noticed that his car was not aligned in the parking space. Client admitted to being at a sports bar earlier and wanted to sober up before he went inside to his family. After performing field sobriety evaluations, he was arrested and charge with a DUI in Roswell. He agreed to take the official breath test and the result was .096 (the legal limit in Georgia is .08). After negotiations did not achieve a non-DUI resolution in Roswell Municipal Court, Mr. Sullivan sent the case to Fulton County State Court and strategically filed a Constitutional Speedy Trial Demand. When the case was finally filed in state court and brought to a hearing, Mr. Sullivan argued effectively that a delay of more than two years to bring the case to trial harmed his client and argued for a dismissal based on our client’s right to a speedy trial. The Fulton County State Court trial judge agreed and dismissed the case.
Our client was stopped by a Roswell DUI police officer for not having his headlights on and failing to maintain his lane. Client admitted to having a few drinks and performed field sobriety evaluation. He was arrested for his Roswell DUI and refused the state breath test after the implied consent notice was read to him. Our client was not particularly cordial to the Roswell officer after his arrest and even threatened to do harm to him. Mr. Sullivan was able to navigate his case in Roswell that ultimately led to negotiating with the prosecutor successfully to a Reckless Driving resolution.
Client was stopped for Speeding 60 in a 40 mph zone and Failing to Maintain Lane. Roswell DUI Officer J. Ott with the Roswell Police Department conducted a DUI investigation. Client admitted to having a few beers and agreed to perform field sobriety evaluations. Client scored all 6 clues on the Horizontal Gaze Nystagmus evaluation, 5 out a possible 8 clues on the Walk and Turn evaluation, and 3 out of 4 possible clues on the One Leg Stand evaluation. Client looked reasonably well on the Walk and Turn evaluation, but not as good on the One Leg Stand evaluation. Client’s speech was clear, stopping sequence was fine, walked fine, and was standing fine when communicating with the officer. Client refused the roadside breathalyzer as well as the State breath test after client was placed under arrest. We were not able to reach a non-DUI resolution in Roswell Municipal Court through negotiations, so the case was sent to Fulton County State Court for trial. Mr. Sullivan elected to trust a judge in Fulton County State Court to decide this case over a jury and the judge found our client Not Guilty of the DUI and Not Guilty of the Failure to Maintain Lane, but convicted our client of Speeding (we did not dispute our client was speeding). The judge gave a nominal fine on the speeding charge that our client was more than happy to pay.
Client was stopped at 4:00 am by Roswell Police Off. Ott – who is a highly trained and experienced DUI cop – for failing to maintain her lane. Video showed over three minutes of driving before being stopped, and she hit or crossed over the lines 4-5 times, but always on the inside line of a curve. Mr. Chestney argued that this was normal driving, and was “as nearly as practicable within a single lane” as the statute requires. Judge Porter agreed, and granted a motion to exclude all evidence gathered from the traffic stop. The state chose to dismiss rather than appeal her decision.