Kori was arrested by a Georgia State Patrol Officer in Long County, Ludowici, Georgia. She was charged with DUI, alcohol, less safe 40-6-391(a)(1) .183 blood alcohol content; Possession of open container in vehicle passenger area 40-6-253; and Failure to maintain lane 40-6-48. In the Ludowici Municipal court she got no DUI. The judge let her plead to Not guilty to DUI. Guilty to Failure to use due care.
Kori is an Information Technology Specialist for the U.S. Army. She is from Arizona. She was in Savannah for work. She had left downtown Savannah and was driving to Hinesville. She was reaching over and messing around with her Garmin GPS and ran off the road. She was pulled over by a Georgia State Patrol Officer. She had a cup of gin and tonic in the center console. The State Patrol Officer told her to get out of the car and do some field sobriety tests. She said, “This can’t be happening to me.” My back has an injury that makes it hard to walk after sitting.” The police officer replied, “Just do what I tell you.” It was extremely cold out. She had two bulging discs in her back and the police officer knew this, but they had her give the field sobriety tests a shot anyway. She failed these according to the police officer. On the preliminary roadside breath test she blew a .200. On the Intoxilyzer 5000 breath test inside the police station she blew a .186 blood alcohol content and a .183 blood alcohol content.
Back in Savannah, Georgia I subpoenaed the Georgia State Patrol Officer video of the stop and arrest, and his polcie report, and breath test tickets and call records. I watched the video for hours. I paused it and wrote down the times and the things that I would challenge him on. For example, the way he did the field sobriety tests. Then I carefully created a cross-examination outline that I would use in court to help Kori beat the DUI. After all that, I called the Georgia State Patrol Officer up. He was nice on the phone. He was a pleasure to work with. And there was no district attorney. He asked me, “What do you want?” I said, “Anything except a DUI.” “All right,” he said, “I am willing to let her plead to Failure to use due care.” I was surprised. “Thank you Mr. Police Officer, Thank you.”
I called Kori up. “I got something fine to tell you,” I said. “The police officer is willing to drop your DUI down to Failure to use due care.” She said, “That’s the best thing I’ve heard.” “Yes,” I said, “He’ s one of us.” She flew into town for court. I drove an hour and a half in the pouring rain to Ludowici Municipal Court. She took the deal. The judge agreed and ruled “Not guilty to DUI. Guilty to Failure to use due care.” I stood next to her. She patted me on the shoulder.
Judgment: Army Specialist Not guilty to DUI