• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Cerbone logo best DUI lawyer in Savannah, Georgia

Cerbone

DUI & Divorce Lawyer Attorney in Savannah, Georgia

  • Jason Cerbone
    • Adam Cerbone
  • DUI Defense
    • Save Your License
    • DUI Laws
    • Field Sobriety Tests
    • Breath Test
    • Top DUI Questions
    • The DUI Exception to the Constitution
    • Videos
    • Resources
  • Divorce
    • Winning Record
    • Secure Your Future
    • Divorce Types
    • Child Custody
    • Divorce Questions
    • Consultation & Fees
  • Reviews
  • Blog
  • Contact

Blog

Bail Bondsman’s DUI Dismissed

Jason Cerbone ·

The DUI Arrest

On his way to Florida, Marty – a bail bondsman – lies fast asleep in the passenger seat of his black Toyota Tacoma. His good buddy is at the wheel. They need gas, so his friend exits I-95 into a Gate gas station in Pooler, Georgia. Drowsily, Marty walks into the station, heads up to the counter. “How can I help you?” the clerk asks. “I’d like to fill up,” Marty says. “How much?” “Eighty dollars,” he replies, handing over the cash. With that, Marty walks outside and starts pumping the gas. Over his shoulder, he hears a surprising question: “Why didn’t you acknowledge me and the other customers?” Looking up from the pump, Marty finds a police officer whose look says he’s not joking. But Marty can’t help but be confused. “Are you serious?” he chuckles. “Show me some identification,” the officer demands. Checking his pockets, Marty realizes that his ID is in the truck. Calmly, he tells the officer that both his bonding and his driving licenses are inside. He also informs the officer that there is a gun in the center console. He tells the policeman that it would be fine if he wanted to check it out. “Stop pumping gas, and get your license,” the cop demands. Marty replies, “Yes sir, no problem, after I finish pumping my fuel.” As he finishes the sentence, Marty finds himself handcuffed. Soon, he’s being placed in the back of a patrol car. Seeing all of this, Marty’s friend opens the driver’s side door and asks the officer to explain what was going on, just as another patrol car arrives. At this point, both officers have the friend take a preliminary breathalyzer, which he passes. When they demand that Marty take a test as well, he refuses, saying he has done nothing to deserve such treatment. “I don’t care what you think. You are going to jail,” one of the officers retorts. “You’ll have to wait for him at the jail,” they tell Marty’s friend. Immediately, they take him away to be charged with DUI, obstruction, and carrying a concealed weapon.

In the Municipal Court of Pooler at the preliminary hearing the Judge refused to bind the case up to state court, although nearly all such cases are sent there. Instead, the Judge took the case under consideration. I went to the Gate gas station to preserve video surveillance evidence. But those at the station steadfastly refused my request. So, I created a motion demanding the videos. I never did get the video. I worked relentlessly to attack the DUI charges before his case could get to the State Court of Chatham County.

In the end the Judge dismissed the charges outright. On the three charges of DUI less safe, Obstruction, and Carrying a concealed weapon, Marty walked free.

Judgment: Bail Bondsman’s DUI Dismissed

Bail Bondsman's DUI Dismissed

Driver’s license suspension dismissed

Jason Cerbone ·

You’ve probably already asked, “How can I function without my driver’s license?” Fact is, you have only a few days to make sure that doesn’t happen. It’s Priority #1 in every case we accept. All phone calls, paperwork, hearings and minute details will be handled swiftly, meticulously, and with the highest degree of professionalism. We know precisely what needs to be done to save your right to drive…And we do it quickly.

Joe is a Savannah businessman. When Joe was pulled over and arrested for DUI, the police officer said he had refused to take the breath test. In Georgia, such a refusal results in an automatic license suspension of driving privileges for one year. Joe knew his license was gone if he didn’t do something about it in 1o days.  After talking to Joe, we immediately prepared the necessary filings to challenge the automatic license suspension. We use the Administrative License Suspension Hearing to win at trial.We got the license suspension dismissed and then we prepared for the criminal case. But at least he can drive in the meantime.

 

Judgment: Driver’s license suspension dismissed

Driver's license suspension dismissed - Jason Cerbone DUI Defense Lawyer

 

License Suspension Dismissed for Failure to Appear

Jason Cerbone ·

Police Officer’s Failure to Appear

My client was a student at the Savannah College of Art and Design (SCAD). He was pulled over for Speeding one night on Martin Luther King Jr. Boulevard in Savannah, Georgia. He was then arrested for DUI less safe.

He won his DUI license suspension hearing and got a Dismissal of the Administrative License Suspension in the Office of State Administrative Hearings because the police officer failed to appear in court for the license hearing. The police officer who arrested my client worked for the Savannah Metropolitan Police Department (SCMPD). He failed to appear in court on the day of the license suspension hearing.

The Administrative Law Judge called my client’s case and I stood up and said, “We are ready.” The judge then announced the police officer’s name. There was nothing but silence in the crowded Garden City Courtroom. The judge looked at me and asked “Motion?” I replied, “Motion to Rescind, your Honor.” The judge replied, “Granted.” And that was that.

Later that day, my client went and got a new driver’s license in Savannah, Georgia. He never lost his right to drive in Georgia, even though he refused to take a DUI breath test when he was arrested.

 

Judgment: License Suspension Dismissed for Failure to Appear

License Suspension Dismissed for Failure to Appear

 

Defense to License Suspension: Hearing within 30 days

Jason Cerbone ·

Under O.C.G.A. § 40-5-67 the rules require that a driver be given a date for an Administrative License Suspension Hearing within 30 days of receipt of Request for a Hearing. If an administrative license suspension hearing is requested in a timely manner, but the hearing is not held before the expiration of the driving permit, the driver may be left with no way to drive.

We requested a license suspension hearing for my client. I recorded the date that I sent it on the calendar and kept a copy of the proof of service. The proof of service was the copy of the certified mail receipt showing delivery to the Department of Driver Services (DDS). On the 31st day following our request, we prepared and filed a Motion to dismiss Administrative License Suspension for failure to have hearing within 30 days of receipt of request. We filed our motion with the Department of Driver Services, not the Office of State Administrative Hearings (OSAH) because we didn’t want OSAH to try and intercept the file before it was assigned to OSAH. Our motion was granted and my client’s license suspension was dismissed.

Judgment: Defense to License Suspension: Hearing within 30 days

Defense to License Suspension: Hearing within 30 days

 

License suspension dismissed

Jason Cerbone ·

Port Wentworth DUI Arrest

Lance was driving home with his wife. A Port Wentworth police officer got behind him and followed him for about five miles. He was pulled over for Failure to maintain lane. The police officer wrote in his report that “the black BMW crossed the lane lines several times.” The officer walked up to his window.

He did the field sobriety tests and got arrested for DUI. At the station he blew a .111% on the Intoxilyzer 5000. He was shocked because he knew he wasn’t drunk. He needed his license to make a living and support his family. We challenged the license suspension. We brought a certified court reporter to make a solid record to use later on at the criminal case. At the hearing, I cross-examined the cop. One thing lead to another and the officer didn’t satisfy the burden of proof for the Administrative Law Judge. The suspension was denied. Lance walked away and drove while his DUI charges were pending in the State Court of Chatham County.

Judgment: DUI license suspension winDUI license suspension win

  • « Go to Previous Page
  • Go to page 1
  • Interim pages omitted …
  • Go to page 13
  • Go to page 14
  • Go to page 15
  • Go to page 16
  • Go to page 17
  • Interim pages omitted …
  • Go to page 19
  • Go to Next Page »

Primary Sidebar

Categories

  • Divorce
  • DUI

Tags

Blood Test Breath Test Defense DUI less safe Field Sobriety Tests Implied Consent License Suspension News

All Posts

  • Direct Examination of a Divorce Forensic Accountant in Savannah, Georgia
  • Divorce: Your Day In Court in Savannah, Georgia
  • Children, Parenting, Custody, & Child Support in Savannah, Georgia
  • The Language of Divorce in Savannah, Georgia
  • So You’re Getting Divorced in Savannah, Georgia Continued
  • So You’re Getting Divorced in Savannah, Georgia
  • Nurse’s DUI down to reckless driving
  • Savannah DUI reduced for doctor
  • Jason Cerbone voted Top 10 Best Georgia DUI Lawyers
  • You always plead them non-guilty.
  • 2nd DUI down to reckless driving
  • DUI gone. Failure to exercise due care instead.
  • DUI charges changed to reckless driving for actress
  • Rincon DUI Breath Test Reduced for Aerospace Project Engineer
  • Effingham DUI blood test down to Driver to use due care
  • Effingham DUI reduced to Driver to use due care
  • Pooler DUI less safe dismissed
  • It was a loser but we won.
  • DUI reduced to Reckless Driving for Contractor
  • High DUI Breath Test Reduced
  • Jason Cerbone Awarded Ten Best Georgia DUI Attorneys
  • Jason Cerbone Named Top Georgia DUI Trial Lawyers
  • DUI Dismissed at Motion Hearing
  • Bryan County GA DUI Gone for Military Officer
  • Pooler DUI Dismissed
  • DUI under the limit reduced
  • Recorder’s Court DUI Down to Reckless
  • DUI Reduced for Art Director
  • Effingham DUI reduced for Pharmacist
  • Nurse gets reckless driving
  • Military Officer’s DUI Reduced in Bryan County
  • Model Arrested for DUI Plead to Reckless Driving
  • DUI Dismissed at Tybee Preliminary Hearing
  • Ten minute DUI not guilty verdict
  • State Court DUI Dismissed for Engineer
  • Pooler DUI Blood Test Reduced
  • Not Guilty to DUI in One Hour
  • DUI Not Guilty in Chatham County
  • DUI Down to Failure to Use Due Care
  • DUI reduced to Speeding in Liberty County
  • DUI reduced to reckless driving in Effingham County
  • DUI refusal dismissed in Bryan County
  • DUI dropped for engineer
  • Army Specialist Not guilty to DUI
  • DUI blood test dismissed
  • DUI breath test dismissed for fireman
  • DUI down to reckless in Chatham County
  • DUI breath test gone for student
  • DUI dismissed for Marine
  • DUI down to reckless driving for student
  • DUI dropped for student in Statesboro
  • DUI down to reckless for jet engineer
  • Soldier Not Guilty of DUI
  • Innocent UNLESS proven guilty
  • DUI breath test triggers false number
  • SCAD student wins license suspension hearing
  • Golfer Wins DUI Refusal License Suspension
  • Ranger wins DUI refusal license suspension
  • DUI down to reckless driving for nurse
  • Win Your DUI Breath Test
  • Tips to Avoid DUI on Saint Patrick’s Day
  • Preliminary Breath Test
  • How High is Drunk?
  • Attacking Field Sobriety Tests
  • Why the DUI breath test is bad
  • Secret to Winning DUI Cases
  • DUI reduced to Speeding in Pooler
  • DUI dismissed for health care professional
  • DUI jury trial win
  • Golf Pro Wins DUI Jury Trial
  • Bail Bondsman’s DUI Dismissed
  • Driver’s license suspension dismissed
  • License Suspension Dismissed for Failure to Appear
  • Defense to License Suspension: Hearing within 30 days
  • License suspension dismissed
  • DUI Dismissed for Chemical Engineer
  • Banker’s DUI down to Failure to use care
  • DUI Down to Reckless for Builder
  • 24 Initial Visual DUI Detection Cues
  • Why I Fight DUI
  • DUI Closing Power: Constitution
  • DUI Defense seminar at Harvard
  • Discovery
  • Eight DUI Challenges
  • What DUI Police Don’t Want You to Know
  • Tips if you are pulled over for DUI
  • DUI Roadblocks in Savannah, Georgia
  • Following the Leaders of DUI Defense
  • Like me to write you a little essay on Ethics?
  • Field Sobriety Test Limits
  • Implied Consent
  • Savannah attorneys open DUI defense firm
  • What to say to the DUI police officer
  • What Makes a Winner?

Blogroll

  • Lawrence Taylor's DUI Blog
  • Pennsylvania DUI Blog
  • UNDERDOG
  • Koplow Law Firm
  • DUI Lawyer Blog Watch

Cerbone 
300 Drayton ST FL 3
Savannah, Georgia 31401
jason@cerbonelaw.com
+1-912-236-0595

Cerbone

© 2010–2022

  • Privacy Policy
  • Terms and Conditions
  • Disclaimer
  • Contact
  • Sitemap