Client was stopped at a sobriety checkpoint in Buckhead that was set up by Atlanta Police Zone 2 officers. After having difficulty putting the vehicle in park, client exited the vehicle and agreed to perform field sobriety exercises and failed. Client was arrested, read the Georgia Implied Consent Notice and agreed to take the official State breath test blowing a .206 -2 1/2 times the legal limit. Mr. Sullivan challenged the constitutionality of the checkpoint as well as the admissibility of the breath test result. The trial court denied our motions. Unsatisfied with the trial court’s ruling, Mr. Sullivan conducted a stipulated trial to present the case to the Georgia Court of Appeals. The Court of Appeals agreed with Mr. Sullivan that the checkpoint did not meet constitutional requirements and reversed the trial court’s ruling. The Atlanta DUI case was dismissed when it was returned to the appellate trial court.
