Our client stopped to use the restroom at a closed park in Cobb County. While n the parking lot, Cobb County Police Officers detained our client for being in the park after hours and conducted a DUI investigation. Our client performed reasonably well on field sobriety evaluations, but was still placed under arrest for DUI in Cobb County. Our client agreed to take the state administered breath test, which the result was a .104. The legal limit in Georgia is .08. Mr. Sullivan filed numerous motions challenging the stop and the admissibility of the breath test on statutory and constitutional grounds. The was a case Mr. Sullivan was preparing to take up to the appellate courts, however, the Cobb County State Court prosecutor agreed to dismiss the DUI charges and the county park curfew charge in exchange for a negotiated plea to Reckless Driving.
