Mr. Sullivan was able to save our client’s license from being administratively suspended for a year for refusing the state’s breath test after being arrested for an Atlanta DUI by a Georgia State Patrol Nighthawks DUI task force trooper. Our client made an illegal u turn in view of the trooper and was stopped in a gas station parking lot. Our client’s passenger was having a medical emergency. Our client had noticeable slurred speech, but performed reasonably well on field sobriety evaluations. He was arrested for DUI and refused the state breath test at the jail. Mr. Sullivan was able to negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving, avoiding an Atlanta DUI conviction, but also avoiding a one year suspension of our client’s driver’s license.
Recent DUI Defense Successes in Georgia Courts
Atlanta DUI Refusal: Reduced
Our client made an illegal turn on red right in front of the Atlanta DUI Task Force Officer. a traffic stop was conducted, where our client was visibly impaired on the video. His speech was also heavily slurred, and he berated the officer throughout the entire time the video was running. Mr. Sullivan was able to persuade the Atlanta prosecutor to reduce the DUI charge down to Reckless Driving and saved our client his driving privileges as well as avoiding a DUI conviction.
Atlanta DUI, Georgia State Patrol, Refusal: Dismissal of all charges
Our client was stopped by a Georgia State Patrol Nighthawks DUI Trooper in Atlanta for failure to maintain lane. The failure to maintain lane was obvious on the patrol car video and it took a while for our client to stop. Our client also did not perform well on field sobriety evaluation and was arrested for her Atlanta DUI and Failure to Maintain Lane. She refused the state breath test. The case was moved out of Atlanta Municipal Court by her former attorney who was not associated with our firm. Her former attorney was disbarred from the practice of law by the Georgia Supreme Court while the case was pending. An arraignment date was missed due to the fault of her former attorney and she was arrested for failing to appear for court. She subsequently hired Chestney & Sullivan and we promptly got her case back on a court calendar. Mr. Chestney and Mr. Sullivan filed various motions, including a motion to dismiss due to the delay of the prosecution bringing this case to trial. The Fulton County State Court judge agreed with Mr. Sullivan and dismissed all charges against our client.
Atlanta DUI Accident, Refusal: DUI dismissed
Our client traveled the wrong way down a one-way street in Atlanta and pulled into a gas station where he struck and damaged a gas pump. An Atlanta officer, who is not a member of the Atlanta DUI Task Force, conducted a poor DUI investigation, but there were still signs of intoxication. There was no video of this incident from the police. Although the driving was bad and an accident was involved, Mr. Sullivan was able to persuade the prosecutor to dismiss the Atlanta DUI charge in exchange for a plea to Reckless Driving and a minor traffic offense.
Henry County DUI: Reduced to Reckless Driving
Our client was pulled over after he made a wide right turn and then did not fully stop at two stop signs. He was pulled over by a Henry County DUI officer and subsequently agreed to perform field sobriety evaluations, including a portable alcosensor. He was arrested for DUI and the traffic violations and took the state breath test, which were .081, .078. Mr. Sullivan was able to negotiate with the prosecutor to outright dismiss the Henry County DUI charge and enter a negotiated plea to minor traffic offenses.
Atlanta accident ticket; CDL driver: dismissed in Fulton State Court
Our client, who has a commercial driver’s license, was involved in a traffic accident when he failed to maintain his lane. He was issued a traffic ticket and represented himself in Atlanta Municipal Court. He sent his case over to Fulton County State Court for trial. He moved and did not get notice of his arraignment date in Fulton State Court and a bench warrant and bond forfeiture was issued. His license was suspended for failure to appear at his court date. He subsequently hired our firm. We quickly got his case out of bench warrant/bond forfeiture status and placed his case on the very next bench trial calendar in Fulton State Court. Mr. Sullivan was able to successfully negotiate a full dismissal of the traffic ticket and client was able to get his commercial driver’s license reinstated.
Covington Possession of Marijuana: Dismissed upon completion of conditions
Our client was stopped by Covington Police for speeding (61/45). The Covington officer conducted a DUI investigation as our client was acting odd and had restricted pupils. Our client passed field sobriety evaluations ans was not charged with DUI, however, the officer got consent to search our client’s vehicle after smelling to odor of burnt marijuana. During the search, the officer found a container with marijuana in it and was arrested. Mr. Sullivan was able to successfully negotiate a full dismissal of the marijuana charge in exchange for our client performing community service, substance abuse evaluation and a responsible behavior class.
Smyrna DUI, .088 Breath Test: Reduced to Reckless Driving
Our client was stopped by a Smyrna DUI police officer for driving on the wrong side of the road and failure to maintain lane. Client agreed to perform field sobriety evaluations (which the officer had our client do off camera). He was subsequently arrested for DUI. Our client agreed to take the state breath test at the Smyrna Police Station and blew a .088, .099 (the legal limit is .08). Mr. Sullivan was able to avoid an administrative license suspension and negotiate successfully with the prosecutor a dismissal of the Smyrna DUI in exchange for a plea to Reckless Driving.
Gwinnett DUI: Roadblock, .082; .077 Breath Test Not Guilty
James “Skip” Sullivan represented a client in a Gwinnett County roadblock case where the client was speeding up to the roadblock and cut off another driver before stopping at the Gwinnett DUI roadblock. The roadblock was set up by Gwinnett DUI task force officers (the only officers that have video in their patrol cars). For reasons not credible, the Gwinnett DUI task force officers elected not to use their videos during this roadblock, nor during the transport of our client to the Gwinnett County Jail. The Gwinnett DUI task force officer that conducted a DUI investigation claimed that our client had very sleepy, droopy, bloodshot eyes, and that his speech was heavily slurred. The Gwinnett DUI officer also claimed that our client was unsteady on his feet. His breath test results were .082, .077. Even though the Gwinnett police decided not to use video, our client had a dash camera that we played during trial. Although the video showed our client cutting off another driver and coming up to the roadblock fast, he looked fine, no droopy/sleepy eyes, and was steady on his feet for the brief time he was on camera. His speech was also not slurred. The prosecution offered a reckless driving offer before trial, but our client rejected. The jury found our client not guilty of DUI and not guilty for cutting off the other driver. The prosecution elected not to charge our client with speeding.
Gwinnett DUI: Refusal, speeding 90 mph in a 50 mph zone
Our client made a wide left turn after stopping at a red light and then failed to maintain his lane as he approached a parkway in Gwinnett County. The Gwinnett County DUI Officer estimated our client’s speed exceeding 90 mph on the parkway before he initiated a traffic stop. Because of the condition of the roadway, only the horizontal gaze nystagmus and one leg stand evaluations were done. Officer noticed slurred speech, some balance issues, and bloodshot, glassy eyes. No video. Our client was arrested for DUI and refused the state breath test. Mr. Sullivan conducted an extensive pretrial motions hearing that locked two officers in contradictory testimony and established the condition of the roadway may have impacted field sobriety evaluations. After being placed on multiple trial calendars and finally being reached for trial, the prosecution agreed the morning of trial to dismiss the Gwinnett DUI in exchange for a plea to reckless driving only.