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.
Recent DUI Defense Successes in Georgia Courts
Doraville/DeKalb DUI dismissed: .113 breath test
Client was stopped by Doraville police for no headlights and failing to maintain lane. Although client did not “pass” field sobriety evaluations, client looked and sounded sober on the video. After being arrested for DUI in Doraville as well as open container, no headlights, and failure to maintain lane, client was asked to submit to a state administered test of client’s breath. Client consented and the result was a .113. Client also wanted an independent test – the Doraville DUI officer dictated where client could go for test. The independent test was also above .08, but because client was not able to get an independent test of her own choosing, the DeKalb County State Court prosecutor agreed that the chemical tests would not be admissible at trial. The DUI charges were dismissed and client entered a negotiated plea to failure to maintain lane and open container.
Troup County DUI Reduced, Drug Charge Dismissed.
Out-of-State client was stopped for speeding on I-85 at about 8:00 am on his way to the Atlanta Airport from a wedding in Montgomery. His breath still smelled of alcohol from the parties the night before, so the State Trooper felt the need to investigate further. After performing typical roadside gymnastics, he was subsequently arrested for DUI. Since he understood only his GA driving privileges would be suspended for refusing a state-administered test, that is the option he chose. Upon discovering a prescription pill among his belongings, he was also charged with a drug offense
Motions were filed challenging the search and seeking exclusion of evidence, and at the scheduled hearing, Bob Chestney persuaded the prosecutor in Troup County to accept a Nolo plea to Reckless Driving, with all other charges being dismissed.
Refused Breath Test – Charges Reduced
Client was stopped for speeding in Atlanta. The initial encounter with the Georgia State Trooper was tense with the Trooper berating client – making the client nervous. Client did not perform well on field sobriety evaluations, due to his nervousness. After being placed under arrest and read the implied consent notice, client refused to take the state breath test. During negotiations, the Atlanta DUI prosecutor realized that no one would perform well on field sobriety evaluations after the initial encounter with this Trooper and reduced the Atlanta DUI charge.
Fulton DUI Dismissed – .15 breath test
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.
Cobb County DUI & Child Endangerment Dismissed
Client arrested for DUI in Cobb County with her three-year-old child in the car, resulting in the additional charge of DUI-Child Endangerment. The arrest unfortunately even made the nightly news on a local TV channel. After a thorough investigation, it appeared that the evidence of the Cobb County DUI consisted primarily of the opinion of the clerk of a convenience store (and of course the opinion of the police officers who came to the scene). There was no evidence of impaired driving, and the client declined roadside field sobriety testing, as well as a breath test. Attorney Bob Chestney was able to convince the prosecutor that the DUI charges could not be proven beyond a reasonable doubt, so those charges were dismissed upon a plea of guilty to Reckless Conduct and Failure to Have Child Properly Restrained.
DeKalb County Accident – DUI Dropped
Client ran off the road, swerved back onto the road and collided with a wrecker. His sister suffered a pretty bad injury, and he was also taken to the hospital. A blood test revealed a BAC of .091. Bob Chestney filed a motion to suppress the blood test results on several legal grounds, and a hearing was conducted. At that hearing, Mr. Chestney was able to demonstrate on cross-examination that the nurse who testified that she drew our client’s blood had no recollection of doing so, had seen no records indicating she was the blood drawer, and didn’t even know if she was working that night. She testified that she drew the blood merely because the prosecutor told her so.
The judge threw out the test results, and the State offered to drop the DeKalb County DUI accident charge in return for a plea to the Reckless Driving charge.
Rockdale County DUI Refusal – reduced
Client was stopped on I-20 due to a concerned citizen call about client’s driving. Client initially refused to perform field sobriety but after being arrested for his Rockdale County DUI and read Miranda warning, client repeatedly agreed to take the field sobriety evaluations. The Rockdale County deputy would not let our client do field sobriety evaluations. After being read the Georgia Implied Consent Notice, client agreed to take the state test of his breath, but when arriving at the jail, client wanted to speak to a lawyer before taking the test. The deputy took that as a refusal – even though client was previously read Miranda warning. The prosecution also tried to have admitted into client’s trial a prior DUI arrest where the client was found NOT GUILTY by a jury. The trial judge would not allow the prosecution to use the prior not guilty verdict. The prosecution reevaluated its case and the Rockdale County DUI charge was dismissed in exchange for a plea to reckless driving.
Walton County DUI refusal – reduced
Client was stopped for speeding by a Walton County Sheriff’s deputy. A DUI investigation took place where the deputy saw several signs of impairment and arrested our client for DUI. The Georgia Implied Consent Notice was read and client had questions about the effect on an out of state driver’s license. The deputy would not give a clear answer causing our client to refuse the state breath test. Through negotiations, the Walton County prosecutor agreed to dismiss the DUI and the speeding charge in exchange for a plea to reckless driving.
Cobb County DUI Refusal – Reduced
Client was stopped by Cobb County Police after driving without headlights and making a left turn on red – all caught on video. A DUI investigation took place that ultimately resulted in our client being arrested for DUI. The Georgia Implied Consent Notice was read and our client refused the state breath test. Mr. Sullivan was ready for trial, but on the day of trial with the officer present, the prosecution dropped the Cobb County DUI refusal to reckless driving. Client accepted the reduced charge.