Client was stopped for speeding. Trooper smelled odor of alcohol coming from client. Client performed field sobriety evaluations and looked good. Trooper arrested client anyway and client agreed to take the state breath test (0.099). The legal limit is 0.08. Client elected to have an independent test and the results were higher: .107. Mr. Sullivan was able to convince the prosecutor that some of the conversion formulas used to equate a hospital test to a GBI test brought the independent test below .08. The prosecutor decided to reduce the Brookhaven DUI charge to Reckless Driving and a negotiated plea was entered in Brookhaven Municipal Court.
