Our client was observed by Smyrna Police failing to maintain his lane and touching the double yellow line several times while driving. the Smyrna DUI officer initiated a traffic stop and began a DUI investigation after he smelled alcohol. Client agreed to perform field sobriety evaluations and performed less than stellar on the walk and turn evaluation, but looked good on the one leg stand evaluation. He refused a portable alcosensor. Client also made some incriminating statements after he was arrested for his Smyrna DUI. Mr. Sullivan was able to avoid an administrative license suspension for our client and was able to successfully negotiate a dismissal of the DUI charge in exchange for a plea to Reckless Driving.
Tagged: smyrna dui
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.
Smyrna DUI Refusal: Reduced
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.