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