While we waited for the jury I thought….Why don’t I just throw myself on the mercy of the court? You never do, I told myself. You always plead them non-guilty.
At 8:30 p.m. John and his wife ate dinner at The Crab Shack on Tybee Island in Savannah, Georgia. They ordered one Tybee Tea, one Crabber cocktail, two pounds of snow crab legs, low country boil, and one side sausage. After that they headed back to the hotel for the night.
The Georgia Department of Public Safety’s Georgia State Patrol Officer clocked a black Mercedes heading westbound on I-16 going 73 m.p.h. in a 55 m.p.h. zone. The officer stopped John and walked up to his door. At the door the officer claims he smelled a strong odor of an alcoholic beverage coming from John’s breath. The cop asked John how much he drank. John told him he had one drink three hours ago with dinner at the Crab Shack.
The DUI Nighthawk officer asked John to do some field sobriety tests to make sure John was safe to drive. John did them. They were the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. Then the police officer asked John to blow in his hand held breathalyzer device on the side of the road. John tried to but the officer wrote in his report that John would not provide a valid breath sample. He arrested John for DUI less safe – 40-6-391(a)(1). He read him the Georgia Implied Consent Notice for Suspects age 21 or over and asked him to take a blood test. John said, “No.”
DUI less safe down to reckless driving
In the State Court of Chatham County, Savannah, Georgia we waited for the jury to be brought in by the bailiff. In the end there would be no jury trial. John plead his DUI less safe – 40-6-391(a)(1) charge down to the lesser charge of Reckless driving. The other charge for Driving under the influence (DUI) was changed.
Judgment: DUI less safe to reckless driving: