Cerbone DUI Defense

DUI Defense Lawyer fighting to win in Savannah Georgia

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Bail Bondsman’s DUI Dismissed

December 4, 2011

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

Filed Under: Case Results Tagged With: DUI less safe

Driver’s license suspension dismissed

December 4, 2011

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

 

Filed Under: Case Results Tagged With: License Suspension

License Suspension Dismissed for Failure to Appear

December 4, 2011

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

 

Filed Under: Case Results Tagged With: License Suspension

Defense to License Suspension: Hearing within 30 days

December 4, 2011

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

 

Filed Under: Case Results Tagged With: License Suspension

License suspension dismissed

December 4, 2011

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

Filed Under: Case Results Tagged With: License Suspension

DUI Dismissed for Chemical Engineer

December 4, 2011

Jacob is a chemical engineer. He’s got a clean record. He depends on his license to work. Jacob ran a red light, went left and got on to the ramp for I-95 Northbound. He was immediately pulled over just off the ramp by Cop 1. Cop 1 wrote in his report that Jason “had slow motor functions and an odor of an intoxicant was being emitted from the vehicle.” The cop asked Jacob “How much have you had to drink tonight?” Jacob said “I haven’t been drinking.” He asked Jacob to get out of his truck and walk to the rear. He gets out. The cop says he staggered walking to the rear of his truck. Cop 1 asks him if he’ll take some Field Sobriety Tests. Jacob said Yes. Cop 1 then calls Cop 2 to come out and give the field sobriety tests. Cop 2 comes and does. Jacob feels like he passed.

But then, he was hand-cuffed, searched, and shoved into the back of Cop 1’s police car. He was arrested for DUI less safe based on what the cop saw.

Cop 1 asked him to take the breath test, and he agreed as long as a professional gave it. He was taken to the police station and sat down in front of the Intoxilyzer 5000, which is Georgia’s Breath alcohol test. They asked him if he would take it. He said he wanted to see the officer’s certification to give the test. They did not show him any certification. Next, Jacob wanted a doctor to give him a blood test. Then he asked to speak with a lawyer. The cops told him neither request was going to happen. He didn’t take the breath test and was charged with DUI less safe because he refused to take the breath test.

In Georgia, you’ve got a right to requests an independent test. The cop’s failure to let you take one must not be justified. You must request or arrange for your own test after you submit to the state test. You must pay for it, unless you are poor.

The police report says Jacob asked for an independent test. So, the burden shifts to the State to show that he was not denied an independent test. I’m confident that we would have won on this if it had gotten there.

I get ready for the Preliminary hearing. I prepared cross-examination questions for all the cops involved. There are several defenses here. The Field Sobriety was done all wrong. The independent test was violated. There’s more than that even, but the thing went down a different road.

In the Pooler Municipal Court at the preliminary hearing, I see two of the officers and talk to them about the case. I asked them where Cop 1 was and they said they didn’t think he would be coming back because of the way he left. He’s no longer with the police department. So, they’ve got the field sobriety officer and they’ve got the breath test officer. But, they have no stopping officer. Cop 2 testifies that Jacob was drunk and failed the field sobriety tests. Cop 3 testifies that he prepared the breath test and Jacob refused to take it. The judge looked over to me and said: “Any questions, Mr. Cerbone?”

I had prepared cross-examination questions for both of them. It would have been stimulating to do it. Rather, I looked up at the judge and said “I request you dismiss the DUI because there is no testimony showing probable cause to stop my client. Therefore, it was an illegal arrest. Dismissed.

Judgment: DUI Dismissed for Chemical Engineer

DUI Dismissed for Chemical Engineer

Filed Under: Case Results Tagged With: DUI less safe

Banker’s DUI down to Failure to use care

December 4, 2011

James is a Banker in Savannah, Georgia. He was charged with Driving under the influence (DUI) and he took a breath test which showed .152%.

James left downtown Savannah and got pulled over. The officer asked James to exit the vehicle with his license. The officer smelled a very strong odor of some type of alcoholic beverage coming from James breath. The police report said James was swaying, had red, bloodshot eyes, and slurred speech. James told the cop, “I only had two beers.” The officer gave James the Horizontal Gaze Nystagmus field sobriety test and saw six clues. James did the One Leg Stand field sobriety test and the the cop saw two clues. James did the Walk and Turn test and the cop saw four clues. James then tested positive on the Alco-Sensor FST at .157.

“Turn around,” the police officer said. James did as commanded, and felt the cold hard metal of cuffs going on his wrists. He was arrested and charged with DUI/alcohol, Failure to maintain lane, and Following too closely. He was taken to the Chatham County Jail and gave a breath test of .152 on the Intoxilyzer 5000.

We got ready for the Preliminary hearing by sending off a subpoena to the arresting police agency demanding the Police reports, statements by defendant, audio and video tapes, repair and service records of video cameras, photographs of defendant, independent test forms, CAD printouts, mobile data terminal printouts, police dispatch records, Intake forms, chemical test results, log sheets, technical data on intoxilyzer, repair and calibration records on intoxilyzer, inspection certificates, and gas chromatograph printouts.

In the Garden City Municipal Court of Chatham County, Georgia the court agreed to drop the DUI and the Failure to maintain lane and the Following too closely charges to Failure to exercise due care.

Judgment: Banker’s DUI down to Failure to use care

Banker’s DUI down to Failure to use care - by Jason Cerbone, Savannah DUI Lawyer

Filed Under: Case Results Tagged With: Breath Test

DUI Down to Reckless for Builder

December 4, 2011

It’s Saturday afternoon and Richard is driving. He’s coming up to the intersection. There is a car in front of him that stopped fast at a red light. He slammed on the brakes. He knew he couldn’t stop in time. So, he swerves to the right, straddles the curb and the grass and the roadway. He goes right by the driver he almost hit. He loses control , fishtails, and comes sliding into the intersection and stops. He drives off. Across the intersection and behind four cars is a police officer. He saw everything. He immediately stopped and arrested Richard for Driving under the influence (DUI); DUI less safe; Failure to maintain lane; Broken windshield over 3″x 3;” Unsafe tires; Aggressive driving; Possession of drug related object for use; Driving too fast for conditions; and Open container violation.

We got ready to fight for Richard. In the State Court of Chatham County there were Motion hearings, and every other hearing allowed except a trial. We were ready for trial. We hired a Field Sobriety Expert to come and testify at Richard’s trial. Five days before trial, a negotiated plea was worked out. The D.A. agreed to drop the DUI charges to Reckless driving. In the end, they dismissed Aggressive driving, unsafe tires, and broken windshield. They merged Driving too fast for conditions into the Reckless charge. Richard was happy. His record is clean. He kept his license. He stayed out of jail.

Judgment: DUI Down to Reckless for Builder in Savannah

Contractor's DUI down to reckless in Savannah

Filed Under: Case Results Tagged With: DUI less safe

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Cerbone DUI Defense
302 E. Oglethorpe Ave.
Savannah, Georgia 31401⋆ USA
Phone: +1-912-236-0595
Fax: 1 912-335-5900
Email: info@savannahduilawyer.com

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