My client was arrested for Driving under the influence – 40-6-391(a)(1-5) by the Georgia State Patrol. She was stopped for Failure to stop at a stop sign – 40-6-72. The police officer asked her if she had drank. She said she had one Captain and Coke at Jalepeno’s Mexican Restaraunt. That was all that was needed to set the cop off.
He ordered her out of the car. Next came the field sobriety tests. Halfway through the Walk and Turn test my client stopped and asked the police officer if she could take off her flip flops. The officer allowed her. Then, bare foot on the cold dark road she tried these exercises for the first time in her life. Now if she misses touching her heel to toe by half an inch, she will fail the test. She was barefoot on the road at night, being investigated by a cop for DUI. Is it any wonder that she failed?
DUI down to Failure to exercise due care in the Recorder’s Court of Chatham County
We worked together and were able to keep this case in the Savannah Recorder’s Court of Chatham County. At the preliminary hearing the District Attorney allowed this case to be plead down to the charge of Failure to exercise due care. My client was happy. What else matters?
Judgment: DUI gone. Failure to exercise due care instead.
