Client was stopped for speeding in Smyrna. The Smyrna DUI officer smelled a strong odor of alcohol and asked our client to perform field sobriety exercises. Client agreed, but only did the horizontal gaze nystagmus evaluation because client had a sore back. Client looked reasonably well on the video, but was arrested for DUI. The Smyrna DUI officer read the Georgia implied consent notice but read it wrong where the substance of the notice changed. Client refused to submit to the state’s breath test. The prosecutor acknowledged the issue with implied consent notice and Mr. Sullivan was able to negotiate a dismissal of the Smyrna DUI charge and our client entered a plea to reckless driving.
