Our under 21 client was stopped by Johns Creek Police while trying to exit a parking lot without his headlights on. Our client declined field sobriety evaluations but agreed to take the State breath test resulting in a .056 result. The legal limit for someone under 21 is .02. The Prosecutor acknowledged there were issues with the stop and admissibility of the test result and decided to reduce the under 21 Johns Creek DUI charge to reckless driving.
Our client was stopped after proceeding the wrong way down a one way street by Georgia State University Police. Client agreed to do field sobriety evaluation in the rain. The officer clearly did not follow his training in administering the horizontal gaze nystagmus evaluation. The officer also read the Georgia Implied Consent notice before placing our client under arrest, contrary to Georgia DUI law. Client agreed to the State breath test and blew a .154 on the intoxilyzer 5000. That test would have been inadmissible at trial due to the timing of the implied consent notice. The prosecution in Fulton County State Court elected not to file formal charges in this case and the charges were dismissed.
Client was involved in an accident after a UGA football game and remained on scene to provide insurance information. Officers showed up and conducted a DUI investigation including submitting to a portable breathalyzer. Client was arrested and refused to submit to a breath test at the jail. Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition with the prosecution and the court.