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

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

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