Client made a right on red that was captured on video by an Atlanta DUI Task Force Officer. Field sobriety evaluations were administered and client was arrested for DUI. The Georgia Implied Consent Notice was read and client refused the State breath test. Case was sent out of Atlanta Municipal Court to Fulton County State Court where the prosecution decided to dismiss the Atlanta/Fulton County DUI charge and the right on red charge.
Recent DUI Defense Successes in Georgia Courts
Milton DUI Dismissed (Right to Speedy Trial Violated)
Client was charged with an improper turn and DUI in Milton back in June 2013. Due to the sensitive nature of this charge as it might affect his executive position at a national company, Bob Chestney attempted to resolve the case as quickly as possible – he asked for a bench trial in Milton Municipal Court. But prior to the trial date, the prosecutor had the case sent down to the State Court of Fulton County over our objection. This added an entirely unnecessary delay of almost 24 months to the process, during which time our client endured the extreme anxiety of these charges possibly causing him professional embarrassment or worse. Having earnestly sought a speedy trial and been denied, our client’s constitutional right to a speedy trial was violated, and his Milton DUI case was properly dismissed.
Blue Ridge DUI-Drugs Resolved
Young client in North Georgia kayaking and fishing with a couple buddies was stopped by State Patrol for speeding 54/40 around 10:30 pm. Trooper smelled weed, questioned the driver and passenger, searched the vehicle and found a small amount of pot. Field sobriety tests performed, client admitted smoking pot a few hours earlier. Arrested for DUI, Speeding and VGCSA (Possession of < oz. marijuana). Four months later, having produced three clean drug screens, Bob Chestney was able to persuade the prosecutor to reduce the DUI to Reckless Driving and client pled Nolo Contendere to that charge, with the Speeding charge merged. The Possession of Marijuana was amended to a municipal ordinance violation. Client paid fines on both and avoided probation.
DeKalb DUI (.172) – DUI Dismissed
Client was stopped by the Dunwoody Police Department for driving 83 in a 55 mile per hour zone. The report had many of the usual manifestations of impairment: bloodshot and glazed eyes, strong smell of alcohol, admission of drinking, evasive answers when questioned by the officer, and a poor performance on the field sobriety evaluations. Client was arrested and taken to jail, where he submitted to a breath test on the Intoxilyzer 5000. He blew a .172, but asked the officer if he could get a second test of his blood. The officer told him that he would need to bond out before he could get a test of his blood. The Court of Appeals had excluded a breath test on this very same issue in State v. Terry, 236 Ga.App. 248 (1999). The State agreed to dismiss the Dunwoody DUI. Client entered a plea to Reckless Driving. His driver’s license was saved, he never returned to jail, and he avoided a DUI conviction!
DeKalb – DUI (Refusal) – Dismissed
Client was traveling late at night on Interstate 285 in a rental car without her headlights illuminated. She had not driven this rental car in the evening before and was unaware that her headlights were off. A well-trained Dunwoody police officer pulled her over and client stopped right in the middle of the highway! After a brief conversation, and after the client declined to submit to any field sobriety evaluations, he arrested her for DUI. The police officer described client as argumentative, confused, and untruthful in his report. He also noted that he smelled alcohol on her breath. Upon a search of her rental car, he found a variety of prescription medications. Client declined to submit to a breath test at the jail. In court, we convinced the Prosecutor that there was no probable cause to arrest the client for DUI before the motion hearing even began, despite the fact that the client had been arrested for DUI before this arrest, and again after this arrest. We were able to persuade the Prosecutor to let the client enter a Guilty plea to Driving without Headlights and pay a $100 fine. Case closed and client walked free!
Roswell DUI (Breath Test .120) – Dismissed in Fulton County
Client was stopped at 4:00 am by Roswell Police Off. Ott – who is a highly trained and experienced DUI cop – for failing to maintain her lane. Video showed over three minutes of driving before being stopped, and she hit or crossed over the lines 4-5 times, but always on the inside line of a curve. Mr. Chestney argued that this was normal driving, and was “as nearly as practicable within a single lane” as the statute requires. Judge Porter agreed, and granted a motion to exclude all evidence gathered from the traffic stop. The state chose to dismiss rather than appeal her decision.
Athens DUI, Accident: DUI dismissed
Client was involved in an accident after a UGA football game and remained on scene to provide insurance information. Officers showed up and conducted a DUI investigation including submitting to a portable breathalyzer. Client was arrested and refused to submit to a breath test at the jail. Mr. Sullivan was able to successfully negotiate a Reckless Driving disposition with the prosecution and the court.
Atlanta DUI Roadblock dismissed, .206 Breath Test
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.
Atlanta DUI (Refusal) – DUI Dismissed
Client was pulled over in Buckhead for weaving within her lane, crossing the center line, and stopping past the stop bar. A Georgia State Patrol Trooper noted in his report that client smelled of alcohol, admitted that she had been drinking, and performed poorly on the two field sobriety evaluations she agreed to perform. Client declined to submit to provide a sample of her breath at the traffic stop and she was then placed under arrest for DUI. The Trooper noted in his report that when he attempted to place her under arrest, she resisted and a physical altercation resulted. The report that the Trooper had written (describing the client’s impairment) was one of the worst we’ve ever seen. Client had injuries to her face, legs, and arms and we took photographs of all of her injuries. The Trooper’s video recording equipment was suspiciously not working during that incident, so that definitely raised alarm bells. Laura was relentless and continued to meet with the Prosecutors working on the case, and eventually the client’s DUI was dismissed. It was critical that this client avoid a DUI conviction because she drives for her job. Client entered a plea to Reckless Driving, and other minor traffic offenses. Her license was saved, she was able to avoid a DUI conviction, and she never returned to jail!
Cherokee County DUI, .162 breath test, Failure to Report an Accident Dismissed
Defendant had struck a mailbox, accent light and some bushes in a neighborhood and left the scene. A deputy with the Cherokee County Sheriff’s Department investigated the accident and found a piece of a car that through a search of the part number through Google, was able to determine the make and model of the vehicle. The deputy patrolled the neighborhood where the accident occurred and came upon a residence with a garage door open. Inside the garage was a vehicle matching the description of the results the deputy found in his Google search. The deputy walked down the driveway of the residence and found the defendant asleep behind the wheel of the vehicle. A DUI investigation was conducted, defendant was arrested and the defendant blew .162 and .168 on the State’s breath test. The issue was whether the deputy could enter the open garage to investigate the accident without a warrant. the Cherokee trial judge agreed with Mr. Sullivan in granting his motion to suppress all evidence when the deputy entered the garage as there were no “exigent circumstances” justifying the garage without a warrant. The prosecution elected to dismiss the case as the judge’s ruling left the prosecution with no admissible evidence to prosecute the case.