Archives for October 2013

In the Pooler Municipal Court of Chatham County, Georgia my client (we’ll call him Joe) was charged with DUI less safe – 40-6-391(a)(1), and Failure to maintain lane – 40-6-48. He pleaded guilty to Failure to use due care.  The charges of DUI less safe – refusal, and Failure to maintain lane disappeared.

From the Pooler police officer’s video, you can see that Joe never crossed a lane line.  Joe didn’t even touch the lane line.  But, the video shows that the police officer did cross the right lane line when he was behind Joe.  When the police officer puts the blue lights on, Joe pulls over fine.  But, the police report says Joe almost hit the curb.  Didn’t happen — Did Joe almost speed?  Did Joe almost throw something out the window?  The report doesn’t mention that Joe braked properly, used his turn signal, switched off his turn signal, pulled over correctly, came to a complete stop, put the Mercedes in park, turned off lights, shut the Benz off, and had his license in hand before the police officer walked up.

The Pooler police officer asked Joe if he had been drinking and Joe said he had three drinks over the past four hours.  The cop then ordered Joe out of his car.  The cop asked Joe to try the Walk and Turn field sobriety test.  Joe told the police officer he couldn’t do that because of medical reasons.  The police officer then gave Joe a preliminary breath test, and then arrested Joe and asked him to take a breath test at the Chatham County police station.  Joe said “No.”

I prepared Joe’s case the same way I always do; as if it will be a jury trial in the State Court of Chatham County.  But, then a wonderful opportunity came along the way.  The police officer agreed to let Joe plead guilty to Failure to use due care instead of DUI.  What a marvelous thing.

Judgment: DUI Down to Failure to Use Due Care

In the State Court of Effingham County, Georgia my client (we’ll call him Joe) was charged with Driving under the influence – 40-6-391 (DUI less safe refusal), Failure to maintain lane – 40-6-48, and Too fast for conditions – 40-6-180. This would have been his third DUI. Joe plead guilty to reckless driving. The DUI less safe refusal, Failure to maintain lane, and Too fast for conditions were dropped.

It was raining. Joe crashed into a tree coming around a curve because his steering failed. Earlier that day he bought two quarts of power steering fluid for his truck. Now sitting in his truck, his femur bone was sticking out of his leg. He was cut out of his truck and  taken to the hospital. According to the Effingham County police report he smelled like alcohol, and his speech was slurred, and his eyes were bloodshot, and he said he had drunk a couple of beers earlier. Naturally, he was charged with DUI. While he was laying there the cop asked him if he would let them test his blood for alcohol. He said OK. Then at the hospital when they tried to take his blood, he wouldn’t let them.

After meeting Joe and listening to his story, I drove to the scene of the accident in Effingham County.  I believed this was an unfortunate accident. But it was not caused by alcohol. Joe was innocent. I was ready to fight.

The solicitor general in Effingham County prepared to take this case to trial because it would be Joe’s third DUI. Early on, I tried to get him to let my client plead the DUI to something else. But he would not agree. So I got ready for trial. After months of getting ready and talking to the prosecutor and showing him the problems with the case he finally allowed my client to plead guilty to a non-DUI charge. I wish I knew why. All I know is he is a great lawyer and a good man. Maybe he believes in second chances.

Judgment: DUI reduced to reckless driving in Effingham County

John was asleep when the Richmond Hill police officer found him. He was sleeping in his truck at the Richmond Hill police station parking lot. He had been there for several hours when a police officer banged on the glass and woke him up. The officer asked him to get out of the truck. He did. The officer smelled alcohol on him. He asked if he drank. “Yes,” he said, “Yesterday.” John told them “I was in Bryan County and didn’t want to drive and thought this was the best place to be.” The Richmond Hill police officer asked him to do field sobriety tests. He agreed. He did the Horizontal Gaze Nystagmus (eye test) and the One Leg Stand. Then he was arrested for DUI less safe.

The police officer  didn’t see him drive. He didn’t know what time John parked in the Richmond  Hill police station parking lot. He didn’t how long he had been there sleeping. His truck was not on. The engine was not warm. The police officer failed to show that he drove within three hours of drinking alcohol.  They did not ask him to do the Walk and Turn field sobriety test. They didn’t ask him to blow in the Preliminary breath screening device.  His eyes were not red. No alcohol was found. He gave them his license. His speech was normal. He was mentally alert. They never asked how much he drank. They never asked when he drank. They never asked where he drank. They never asked what he ate. They never asked who he was with. When he got out of his truck he didn’t use his door for support. He exited his truck perfect.  He walked fine.  He did everything the police asked him to do.

In the end, the DUI was dismissed in Bryan County and my client walked away from Richmond Hill a happy man.

Judgment: DUI refusal dismissed in Bryan County