DUI

Pooler DUI Dismissed

Jason Cerbone · May 4, 2015 ·

My client, (I will call him Kevin) was arrested by the Pooler Police Department in Pooler, a municipality of Savannah, Georgia, Chatham County. He was charged with four DUI related traffic offenses. The police officer wrote in his report that Kevin drove in the left hand lane going 50 m.p.h. for several miles and there were no cars in the right lane. The officer pulled Kevin over and when he was at the window he smelled alcohol. He asked Kevin where he was coming from. Kevin replied, “Bahama Bob’s.” The cop asked Kevin if he drank. Kevin said he had drank his last drink about an hour ago. The officer said Kevin’s face was flushed and his speech was slow and slurred, and that Kevin struggled to remove his license from his wallet.

Arrested for DUI in Pooler

The officer asked Kevin to get out of his car and do some Field Sobriety Tests. Kevin did as asked. He took the three required DUI field tests: Horizontal Gaze Nystagmus test, Walk and Turn, and One Leg Stand. He then took the Preliminary breath test. This showed the presence of alcohol. The officer concluded that Kevin failed all three of the tests and arrested him for DUI less safe. The cop then read Kevin the Implied Consent Rights and asked if he would take a breath test. Kevin said, “Yes.” He took the test and blew a .128 into the Intoxilyzer 5000 police breath test at the Pooler Police Station.

Eventually, Kevin was given the opportunity to plead his DUI down to Failure to use due care, and all other charges would be dismissed. He took it.

Here is the deal

Original Charges

DUI alcohol (breath test) – 40-6-391(a)(5)
DUI less safe (alcohol) – 40-6-391(a)(1)
Must apply for new license within 60 days of moving to a new address – 40-5-33
Impeding the flow of traffic – 40-6-184

Final Result

Reduced to Failure to use due care
Dismissed
Dismissed
Dismissed

Final Judgment: DUI Dismissed in Pooler, Georgia

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DUI under the limit reduced

Jason Cerbone · April 17, 2015 ·

He was arrested for DUI under the limit (.062), and plead his DUI charge down to Reckless Driving. John and his wife went to Applebee’s for dinner. He drank two beers with his wings. On his way home he was pulled over by the Savannah Metropolitan Police for Failure to move over. There was traffic behind him and coming at him in the other lane. He couldn’t safely move over even if he tried. He was arrested and charged with DUI, Less Safe (Alcohol) 40-6-391(a)(1); Driving with unlawful blood alcohol level – 40-6-391(a)(5); Failure to obey move over law – 40-6-16; and Reckless Driving – 40-6-390. John took a state-administered test at the police station and the result was .062. That is under the legal limit of .08.

We worked out a good deal with the Assistant District Attorney, and in the State Court of Chatham County Georgia, John plead guilty to Reckless driving. The three other charges went away. The first charge for DUI, Less Safe (Alcohol) 40-6-391(a)(1) was changed to Reckless Driving – 40-6-390. The second charge to Driving with unlawful blood alcohol level – 40-6-391(a)(5) was dismissed. The third charge for Failure to obey move over law – 40-6-16 was merged into the charge for Reckless driving.

Judgment: DUI under the limit reduced

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Recorder’s Court DUI Down to Reckless

Jason Cerbone · March 15, 2015 ·

Mr. Anderson was arrested on I-16 by the Georgia Department of Public Safety (a.k.a. Georgia State Patrol). He was charged with DUI – Any combination of alcohol/drugs/toxic vapor/less safe – 40-6-391(a)(4); Speeding in excess of maximum limits 40-6-181; and Failure to maintain lane – 40-6-48. He took a blood test and the results showed an alcohol concentration of 0.089.

DUI Police Report

The DUI Nighthawk Police Officer was operating stationary radar on Interstate 16 when he observed a gold Lexus traveling at a high rate of speed. He pulled over Mr. Anderson for going 75 m.p.h. in a 55 m.p.h. zone. He noted in his report that he immediately noticed an odor of alcoholic beverage coming from my client’s breath. The officer also wrote in his report that Mr. Anderson had glassy bloodshot eyes, slurred speech, and was unsteady on his feet while walking. My client told the cop he had one beer to drink that night. My client agreed to try out the Field Sobriety Tests. On the Horizontal Gaze Nystagmus (HGN) eye test my client exhibited four of six clues. On the Walk and turn test he showed five of eight clues. On the One Leg Stand test he exhibited zero clues. The officer had my client blow into a preliminary breath test on the side of the road. (This is not the real breath test at the station.) The preliminary breath test showed positive for the presence of alcohol. At this point he arrested my client. After my client was placed into the back of the police car, the police officer read the Georgia Implied Consent Notice for Suspects 21 and Over. Mr. Anderson agreed to take a blood test. At the jail, he took a blood test and the results three weeks later showed an alcohol concentration of 0.089.

Recorder’s Court DUI Plea Bargain

In the Recorder’s Court of Savannah, Georgia Chatham County my client plead his DUI charge down to Reckless Driving. The charge for Failure to maintain lane was merged into Reckless Driving. And he plead guilty to Speeding.

Judgment: Recorder’s Court DUI plead down to Reckless Driving

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DUI Reduced for Art Director

Jason Cerbone · March 12, 2015 ·

Lily had just left the Art Gallery where she hosted a Gala in downtown Savannah, Georgia. She was driving down Highlands Boulevard when she saw headlights coming at her. There were no other cars on the road. The headlights passed her, did a U-turn, became blue lights, and came for her. She pulled over.

The Savannah Metropolitan Police Officer came to her window. He checked her license, and he smelled alcohol, so he asked her if she drank. She said she split a bottle of wine with a friend a couple of hours ago. He got her out of the car. She wore high heels and a long tight pencil skirt that hit below her knees. He asked her to do some Roadside agility tryouts, (also known as Field Sobriety Tests). She tried out his exercises. He was not happy with her performance. He arrested her for DUI. She was not drunk. She was not under the influence of alcohol. But she was arrested for the first time in her life, and charged with DUI less safe (refusal) – 40-6-391(a)(1), and Driving too fast for conditions – 40-6-180.

License Suspension Hearing

At the Administrative License Suspension Hearing, I cross-examined the police officer. The officer did not do the DUI Field Sobriety Tests properly. The cop gave the Field sobriety tests wrong, which invalidated the results. She won the DUI license suspension hearing and saved her Georgia driver’s license. The entire transcript of the license hearing is below.

Transcript of the DUI License Suspension Hearing

DUI reduced to Reckless driving

The prosecutor agreed to have the DUI reduced to Reckless driving. In the State Court of Chatham County Georgia Lily plead guilty to Reckless driving.

Judgment: DUI Reduced for Art Director

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Effingham DUI reduced for Pharmacist

Jason Cerbone · March 9, 2015 ·

Ernest is a Clinical Professor of Pharmacy and Psychiatry. He was driving in Effingham County when he crashed his car, hit his head, and was knocked out unconscious. When he awoke he drove and was pulled over and then was arrested by the Effingham County Sheriff’s Office for DUI less safe (refusal), Hit and run, Open container, and Drugs not in original container. He refused to do Field Sobriety tests, and he refused to take a breath test. But, he asked the Effingham police to give him a blood test. They did not. What’s more startling is that the police officer wrote in his report that he asked my client to take a blood test, and my client refused. The officer also wrote in his DUI report that my client was in and out of consciousness in the back seat of the police car. The Effingham County police never called for Medical help to have my client checked out. He had received a head injury and couldn’t remember what happened.

DUI Case Result in Effingham County

The Solicitor in Effingham County eventually offered my client a deal. It wasn’t easy to get. I had to show him our hand, and explain our position in the case. And then, after a long time, and much consideration, the Solicitor agreed to dismiss the DUI. In the Effingham County State Court he plead guilty to Driver to use due care – 40-6-241, and Hit and run. The charges of Drugs not in original container and Open container were Nolle prossed (dismissed).

Judgment: Effingham DUI reduced for Pharmacist

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