Our client hit the median wall and drove the vehicle for a short distance until it became inoperable. A witness saw the accident, called the police, followed our client and waited on scene to talk to the police. A non-DUI officer first arrived on scene and placed our client in the back of the patrol vehicle. That officer called an Atlanta DUI Task Force officer to the scene to conduct a DUI investigation, took our client out of the patrol car and conducted field sobriety evaluations. The Georgia Implied Consent Notice was read and our client refused the state administered breath test. Mr. Sullivan moved the DUI case out of Atlanta Municipal Court over to Fulton County State Court for a jury trial. Mr. Sullivan filed various motions seeking to suppress field sobriety evaluations and the refusal to submit to the state breath test on statutory and constitutional grounds. Mr. Sullivan also filed a motion to dismiss to to the extreme delay by the prosecution getting this case to trial. The Fulton County State Court judge ruled the prosecution had not met its burden a a motions hearing and granted Mr. Sullivan’s motion to dismiss all charges.
