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.