Cherokee DUI Breath Test Refusal, Blood Search Warrant: Not Guilty Verdict

James “Skip” Sullivan defended his client in a Cherokee County DUI case through a jury trial.  Our client was found Not Guilty of all charges by a Cherokee County jury.  A Cherokee County Sheriff’s Deputy was parked at the entrance of an elementary school in Cherokee County monitoring traffic at an intersection.  Our client approached the intersection and made a wide right turn – crossing the double yellow line.  She also failed to maintain her lane a few times.  A traffic stop was conducted by the Cherokee County DUI officer and a DUI investigation began.  Our client admitted to drinking alcohol and even admitted to not being safe to drive.  She was also in a state of emotional distress and did not perform well on field sobriety evaluations.  She was arrested and agreed to a breath test, but changed her mind when she got to the jail.  The deputy obtained a search warrant for blood and two emergency medical technicians drew her blood at the jail.  When the blood samples arrived at the Georgia Bureau of Investigation’s Division of Forensic Sciences, there was an insufficient amount of blood to test.  Mr. Sullivan took the case to a jury trial for his client and obtained a not guilty verdict on all charges – including the wide right turn and failure to maintain lane charges (that were on the video). 

Our experienced DUI trial attorneys at Chestney & Sullivan  can discuss your Cherokee DUI today.  Call us at 404.816.8777

Douglas County DUI Refusal/Search Warrant for Blood: Dismissed

Mr. Sullivan successfully avoided an administrative license suspension and a Douglas County DUI conviction for his client.   Client was stopped for following a truck too close.   After an admission of drinking and performing field sobriety evaluations, our client was arrested for DUI in Douglas County, red the Georgia Implied Consent Notice and refused the state’s chemical test.  The officer initiated an administrative license suspension action for the client refusing the state’s test and obtain a search warrant for blood.  Blood was drawn over an hour later and sent to the GBI toxicology department to be tested.  The administrative hearing was set before the toxicology report came back and the Douglas County Sheriff’s department blocked all efforts to release the video of the stop and full police report to Mr. Sullivan.  Mr. Sullivan used the power of the court’s subpoena process to compel the sheriff’s depart to comply.  They did not, but the officer ultimately decided not to go forward with an administrative hearing – saving our client’s driving privileges.  The toxicology report came back with a result well under .08 and Mr. Sullivan and the prosecution negotiated a dismissal of the DUI charge and entered a plea to Following Too Close only.