Atlanta DUI and Hit & Run .197 Breath Test: Case Dismissed

Skip Sullivan, partner with Chestney & Sullivan Law Firm represented our client who was stopped by the Atlanta Police Department for striking another occupied vehicle while driving in Atlanta (knocked off the other driver’ side mirror).  He was immediately placed in the back of the Atlanta Police patrol car.  No field sobriety tests were performed.  Our client was eventually read the Georgia Implied Consent Notice and agreed to take a breath test at the jail.  The results were very high: .197/.202.  Mr. Sullivan sent the case out of Atlanta Municipal Court to Fulton County State Court for a jury trial.  He also filed motions attacking the admissibility of the breath test as well as a motion alleging a speedy trial violation.  After two motions hearing dates, the prosecution could not meet their burden and the Fulton County State Court Judge granted Mr. Sullivan’s motion to dismiss. 

If you have an Atlanta DUI charge, call Chestney & Sullivan today at 404.816.8777

Atlanta DUI Breath Test .117 (Dismissed)

Mr. Sullivan represented a commercial truck driver in Atlanta who was stopped by a Georgia State Patrol DUI Task Force Trooper for not having his headlights on.  Our client also failed to maintain his lane.   The Trooper conducted field sobriety evaluations and our client was arrested for a DUI in Atlanta.  The client agreed to submit to the state breath test and blew a .117.  The legal limit is .08.  Mr. Sullivan challenged the admissibility of the breath test in court along with a motion arguing our client’s right to a constitutional speedy trial was violated.  The court found that the Fulton State Court prosecution was not able to meet it’s  burden at a motion hearing and granted Mr. Sullivan’s motion to dismiss all charges.  Our client’s commercial driver’s license and his career were saved. 

Roswell DUI, .096 Breath Test (case dismissed)

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.