Sandy Springs DUI, CDL driver (Not Guilty)

In a must win case, Skip Sullivan and Bob Chestney were able to avoid an administrative license suspension for our CDL holder while his DUI case was pending and got a Not Guilty verdict from a judge in Fulton County State Court.  Our client was asleep in his vehicle alongside a roadway in Sandy Springs.  While on patrol, a Sandy Springs police officer came upon our client’s vehicle parked on the side of the road with the two driver’s side tires over the solid while fog line.  Our client was asleep in the back seat of his car with throw up in the back of the car as well as outside on a door handle and on the ground.  Once awoken and out of his car, client was very disoriented and showed visible signs of impairment.  During the course of the investigation, the Sandy Springs officer had client sit back in his car.  Client then proceeded to start up his car and revved the engine multiple times.  The officer then turned off the car, grabbed the keys and got the client out of the car.  As Sandy Springs DUI officer was called to the scene to assist in the DUI investigation.  After performing field sobriety, client was arrested for DUI in Sandy Springs, Improper Parking, and Failure to Change Address within 60 days.  At trail, Mr. Sullivan crossed examined the officers on their observations and argued the the judge that the prosecution had not met its burden of proving that defendant moved his vehicle at any point and if the prosecution was able to prove that the vehicle moved at some point, the prosecution had no evidence whether client was impaired at the time the vehicle was parked at that location.  The Fulton County State Court judge agreed and found our client Not Guilty of DUI, Not Guilty of Failing to Change Address within 60 Days, but Guilty of the Improper Parking charge (Georgia DDS assesses no points for this offense).  Client was able to save his Georgia CDL and his career.