Our out of state client was stopped for speeding in downtown Atlanta by a Georgia State Patrol Trooper. Client agreed to perform field sobriety evaluations. The trooper was a big officer, who stood uncomfortably close to our client during the evaluations on the side of a busy highway. He was arrested for DUI and when the Georgia Implied Consent Notice was read to our client to submit to the state breath test, our client asked if the results may prevent him from being arrested (no matter what the results were). The trooper said he was under arrest no matter what happens. Our client refused to take the breath test. Mr. Sullivan conducted an administrative license suspension hearing and was able to successfully cross-examine the trooper. The audio recording of the hearing was presented to the prosecutor, who subsequently dismissed the Atlanta DUI in exchange for a plea to Reckless Driving in Atlanta Municipal Court.
