DUI Roadblock Checkpoint in Pooler
Gibson was driving home at 1:00 a.m. on I-16 going towards Pooler. He took the off ramp from I-16 West to Pooler Parkway. He saw there was a roadblock police checkpoint and he drove up to it. The Roadblock was run by the Georgia State Patrol DUI Law Enforcement. The officer walked up to Gibson’s window and immediately smelled a strong odor of alcohol on his breath. So, he told Gibson to get of his Lexus.
The DUI officer then set in and asked “How much have you had to drink this evening?” Gibson, said “Just a couple earlier.” The DUI police officer asked Gibson to take some field sobriety tests and he agreed. The Horizontal Gaze Nystagmus test was the first one my client did. The police officer said my client showed six of six clues on that test. In other words, he failed the eye test. The officer held up a device with a tube and asked Gibson to blow in a preliminary breath test out there on the road. Gibson did not. He refused the Preliminary Breath Test. And that was it.
The Georgia State Patrol officer placed Gibson under arrest for DUI less safe (Alcohol) 40-6-391(a)(1). Next he cuffed my client and put him in the back of his patrol car on the Pooler Parkway. And then he told Gibson to listen up and he read him the Georgia Implied Consent Notice from the bright orange card. He asked Gibson to take a breath alcohol test. Gibson said, “No.” The Pooler Police had his girlfriend blow in the preliminary breath test and decided to let her drive Gibson’s Lexus home.
Gibson is a helicopter pilot and he got arrested for DUI less safe in Pooler. If he was convicted or plead guilty to this DUI less safe in Pooler, Georgia it would have been his second DUI within five years. He would be facing serious jail time among other things. In the Pooler Municipal Court at the Preliminary Hearing Gibson’s DUI less safe from the Roadblock was dismissed in open court. There were various problems with this arrest. The Police officer acknowledged the issues and the case was dismissed in front of the judge that day.
Judgment: Pooler DUI less safe