DUI

DUI blood test dismissed

Jason Cerbone · March 9, 2013 ·

Amy was afraid. If she were to be convicted of DUI, she could have been discharged from the U.S. Army. She could have lost her security clearance, and she could have lost her high ranking position. So, she gave me something to fight for. And along the way came the opportunity to take reckless driving instead of DUI. She took it.

Amy was arrested by the Pooler Police Department and charged with DUI/alcohol 40-6-391(a)(5), DUI less safe 40-6-391(a)(1) and Speeding 40-6-181. In the Municipal Court of Pooler in Chatham County, Georgia, I helped her get rid of the DUI. She plead guilty to reckless driving and speeding. The DUI was dismissed.

She’d never been in any real trouble before. Just a couple of speeding tickets. And on this night she was driving home. The video that I finally got from the police officer proved she was pulled over for speeding (86 m.p.h. in a 65 m.p.h. zone). She didn’t swerve or do any other thing wrong. She got her license out and waited on the police officer to come. He came. “You been drinking,” he asked. “No,” she said. He told her to get out of her car and asked her to do a preliminary breath test on the side of the road. (This should always be given last, after the three standardized field sobriety tests: Horizontal Gaze Nystagmus, Walk and Turn, and One leg stand.) The police officer deviated from his training and didn’t do any of the three field sobriety tests. Not a one.

Amy cooperated with the cop and took the preliminary breath test. The police officer wrote in his report that the preliminary breath test showed the presence of alcohol at .175. So he arrested her. Amy got to the station and tried to take a breath test but the police officer said that she gave an insufficient sample (.139). Amy requested to have a blood test. So they drew her blood and she went home. She called me. She hired me. I worked. First, I got her license suspension case dismissed so she was able to keep driving. Then at the Preliminary Hearing in the Municipal Court of Pooler the police officer and the judge agreed to allow her to plead the DUI down to reckless driving. So the DUI is gone. Amy wins. Case closed.

Judgment: DUI blood test dismissed in Chatham County

DUI blood test dismissed by Jason Cerbone, DUI Defense Lawyer

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DUI breath test dismissed for fireman

Jason Cerbone · February 27, 2013 ·

Eli was arrested for DUI breath test, with a .119 blood alcohol content breath test, DUI less safe (alcohol), and no headlight bulb. Eli was driving home from the Luke Bryan concert with his wife. He sees blue lights and he pulls over. The cop comes up to his window and asks, “Did you know you got a headlight out?” “No,” Eli replies. “Get out of the car,” he demands. Then, outside, “Anything to drink tonight?” the cop asks. “Yes,” Eli says, “about an hour ago, I had two beers.” The cop replies, “You should be safe, good to go.” “Let me check you out, make sure you’re going to be safe, then get you out of here, O.K. bud?” In other words, let me do some field sobriety tests on you. He gives Eli a preliminary dui breath test.

In the end it wasn’t about the messed up field sobriety tests done in the grass. Or, the calibration records showing the DUI breath test was off that day. Or, the various other problems with the officer’s DUI investigation. It was more invisible than that. This was about preparation. It was about dealing with a good cop who was willing to work with me when no prosecutor has the case, yet. This was not Savannah, Georgia. Or even, Chatham County. It didn’t involve the Chatham County District Attorney’s Office. No sir. This was Pembroke, Georgia.

But in the end it was checked. Eli plead down to “Driver to use due care.” The DUI breath test charge and the DUI less safe charge and the Headlights requirement charge are gone.

Judgment: DUI breath test .119 dismissed for Fireman

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DUI down to reckless in Chatham County

Jason Cerbone · December 11, 2012 ·

My client (we’ll call him Joe) was arrested by the Port Wentworth Police at a DUI roadblock in Chatham County and charged with DUI, less safe (alcohol) and Driving under the influence (DUI). In the State Court of Chatham County, he plead down to Driver to use due care and Reckless Driving. The two DUI charges are gone.

Joe had driven 25 miles before the hidden road block in Port Wentworth. But then he was in the middle of an operation: the DUI Roadblock. “License and Insurance,” cop says. Joe had it in his hand ready for them to take it. Then the Port Wentworth Police officer comes back to the truck and says “Get out of the truck.” Joe got out and at the cop’s request tried some DUI Field sobriety tests. He didn’t smell of alcohol. He wasn’t unsteady on his feet. He wasn’t wobbling. His speech was not slurred. His eyes were not blood shot. Next, they have him blow in a preliminary breath test device (roadside screening device that can tell if you have any alcohol in your system. Cop says “your going to blow in it one more time. I’m tired of dealing with you. I will arrest you.” He blows again. It made a sound. Cop said “Yeah.” Joe asked cop 2 after every attempt what did it register? Cop said “You’ll find out after you go in the trailer.” They cuffed him. “What are they doing to you?” crys his wife. “He’s going to arrest me.” “For what?” she asks.

On cross-examination at the Preliminary Hearing in the Port Wentworth Municipal Court the cop said that there were videos of the DUI roadblock. And, he said that his handwritten field notes of all the field sobriety tests were in a locker.

We went to the DUI Roadblock scene and got photographs and video of the area. We hired a DUI Field Sobriety Test Expert and Trainer to come testify for the Jury trial. I subpoenaed the following things from the Port Wentworth Police Department: DUI reports, Video, Audio of the event, call records, Port Wentworth Police Department Guidelines for Roadblocks, and the cop’s handwritten notes.

They gave us nothing. They came to court with nothing. The judge set up a show cause hearing for the Port Wentworth Police Department to come show cause why they should not be held in contempt of court for violating the subpoena. But the case went away before the show cause hearing came. And Joe got no DUI.

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DUI breath test gone for student

Jason Cerbone · December 8, 2012 ·

She was a foreign national student at the Savannah College of Art and Design (S.C.A.D.) She was charged with DUI unlawful blood alcohol level as a minor – 40-6-391(K)(1); Driving without tail lights; and No permit. She had a DUI breath test of .061% blood alcohol level and the Georgia DUI law says if she had .02 blood alcohol level or more, she’s guilty.

She was pulled over by a Savannah Chatham Metropolitan Police Officer for No taillight. He let her go. He didn’t even bother writing her a warning. Minutes later, she was pulled over again by a Georgia State Patrol DUI cop and got arrested for DUI, and was taken to the chatham county jail. She blew in the breath apparatus two times. The first DUI breath test showed her blood alcohol level at .063 and the second showed her blood alcohol level at .061

We went after the cop who stopped her first. Obviously, the first stopping officer wouldn’t have let her go if he thought she had alcohol in her body. She was pulled over for a broken taillight. She pulls over normally. She uses her emergency flashers. No slurred speech noted. She exits her car normally. She didn’t have a drivers license because she is from another country. She told the cop she had one drink about three hours ago. She is well spoken….Articulate. The observation period for the breath test was violated. The government broke their own rules. And the machine’s records that we subpoenaed showed a broken breath apparatus.

So we filed a Demand for Speedy Trial and and went for them fast. Of course, we told them nothing. At the Pre-Trial Conference Hearing, one week before the trial, the Prosecutor gave my client an offer to plead guilty to something other than DUI. She said Yes.

It is only in doing it that it can prove to be impossible. How do you know it is impossible until you have tried it? If everybody said it is impossible where would you be? Where would we all be if you just said “Impossible?”

I have seen enough lawyers to whom all DUI blood alcohol level test trials were impossible. In the State Court of Chatham County in Savannah, Georgia she plead the DUI breath test down to Failure to use due care, and No Permit.

Judgment: DUI breath test win for SCAD student

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DUI dismissed for Marine

Jason Cerbone · December 3, 2012 ·

Jake is a former United States Marine. He was awarded two Good Conduct Medals while he served our country. He was arrested by the Savannah Chatham Metropolitan Police Department for Driving under the influence (DUI) less safe, 40-6-391(a); Failure to maintain lane, 40-6-48; Obstruction; False Report of Crime; and Leaving the scene of an accident.

My investigator interviewed the witnesses and got written statements for evidence for the DUI trial. We took pictures of the road. We hired a DUI field sobriety police expert to testify. I subpoenaed everything from the police officers. We got their police department protocols and policies manuals. We picked the day. We picked the court. We were ready.

The day before the trial the prosecutor told me he was dropping all the charges. In the Recorder’s Court of Chatham County, Savannah, Georgia, the prosecutor abandoned all charges and the DUI dismissed for Marine. He made a formal entry on the record declaring he will not prosecute the case further. No record. It may as well have never happened.

Judgment: DUI dismissed for Marine

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