We were in the Garden City Courthouse for the Office of State Administrative Hearings. The officer didn’t show up after several continuances so we asked the judge to withdraw the license suspension and he did.

But, don’t expect this to happen. It is nice when it does happen. But, you can’t prepare to win by hoping the other side doesn’t come. You must be ready to go.

In Katie’s case we have uncovered several defenses to her underage DUI charge. We’ve done a full blown investigation, subpoenaed everything, talked to experts, and done the ground work. I’ve prepared cross-examination outlines and been to court time and time again. We had our own independent court reporter there ready to take down every word spoken between the DUI police officer an me cross-examining him about everything. But, in the end there wasn’t a fight and my client gets to drive and that is all that matters. The criminal DUI case shall go on.

The last things you want are costly fines, community service, probation, or jail time.
Saving your license is just the start. Our goal is to minimize ALL penalties. You need your license in order to function and enjoy life. Not for getting to probation appointments or fulfilling community service. We’ll work tirelessly to dismiss or reduce these unpleasant scenarios.

Golfer got charged with DUI less safe. He refused to take a breath test. He was facing a total loss of his driver’s license for one year. We filed for to have the hearing. The thing is very technical. The officer shows up. We had the hearing. The officer messed up on the implied consent. I exploited this. I cross-examined him about the keys to the case. We made a good transcript. The judge dismissed the suspension. Brandon drives. Things to take away from this: In the DUI case and the Administrative License Suspension case, always challenge the State’s compliance with Georgia implied consent laws. Always get a driver’s license suspension hearing. I can see the documents that you are up against at trial. I can watch the officer testify and see if he’s credible. I can gauge him and see how he handles it. This is what matters down the road in the jury trial.

Golfer’s license suspension was Reversed in the Office of State Administrative Hearings, because the Police Officer failed to establish that at the time of the request for the test or tests that he properly informed Golfer of his implied consent rights.

Judgment: Golfer Wins DUI refusal License Suspension and Drives

Inside the courtroom for the Office of State Administrative Hearings, “What did I do wrong?,” the officer asked me, walking out of the courtroom. You messed up the implied consent notice. So, my client won his license back. He would have lost it for a full year. No permits allowed. But, the real win is the 44 page transcript that I have now because we brought a private court reporter. Page 8 is where the officer messed up technically. And, Page 8 is where I began cross-examination.

Earlier that day I called the officer up on the phone. “Officer, this is Jason Cerbone, how are you?” “I’m good.” Well, we’ve got the administrative license suspension hearing in one hour. Will you please withdraw the suspension?” “What?” “Will you drop the suspension?” “Well, does your client want to plead guilty?” No, we’ll plead down to a non-DUI charge. And if he loses the suspension hearing today, we’ll file a demand for Speedy jury trial, because he needs his license.” See you in one hour.

I told my client that we would probably lose the suspension hearing because if the officer knows his stuff than it’s pretty easy to win for him. But, we won. Never underestimate the power of the courtroom drama. Cross-Examination, Objections, Confusion, and Bam! It’s over like that. Things can happen so fast that even the officer is clueless, and sometimes you’ll win and the officer will ask, “What did I do wrong?”

What the officer did wrong doesn’t matter much. Win or lose, the facts developed and captured on the transcript is the big win. I’ll take that any day. 44 pages of fact hell for a DUI case, and none of it would ever come out unless we challenged the license suspension and had a hearing.

The ALS hearing opens a second legal front for us to battle your case.

The DUI criminal case and the ALS license suspension case must be handled together with strategy. As I’ve become a DUI specialist, I understand the way they work together. Ultimately the ideal is that I know how to challenge this “hard suspension” to try and keep my clients driving while their DUI criminal case moves through the system.

In this case, the License suspension was reversed because the police officer failed to establish that at the time of the request for the test or tests that the arresting officer properly informed my client of his implied consent rights and the consequences of submitting or refusing to submit to a state-administered chemical test.

Judgement: Ranger wins DUI refusal license suspension

You’ve probably already asked, “How can I function without my driver’s license?” Fact is, you have only a few days to make sure that doesn’t happen. It’s Priority #1 in every case we accept. All phone calls, paperwork, hearings and minute details will be handled swiftly, meticulously, and with the highest degree of professionalism. We know precisely what needs to be done to save your right to drive…And we do it quickly.

Joe is a Savannah businessman. When Joe was pulled over and arrested for DUI, the police officer said he had refused to take the breath test. In Georgia, such a refusal results in an automatic license suspension of driving privileges for one year. Joe knew his license was gone if he didn’t do something about it in 1o days.  After talking to Joe, we immediately prepared the necessary filings to challenge the automatic license suspension. We use the Administrative License Suspension Hearing to win at trial.We got the license suspension dismissed and then we prepared for the criminal case. But at least he can drive in the meantime.

 

Judgment: Driver’s license suspension dismissed

 

Police Officer’s Failure to Appear

My client was a student at the Savannah College of Art and Design (SCAD). He was pulled over for Speeding one night on Martin Luther King Jr. Boulevard in Savannah, Georgia. He was then arrested for DUI less safe.

He won his DUI license suspension hearing and got a Dismissal of the Administrative License Suspension in the Office of State Administrative Hearings because the police officer failed to appear in court for the license hearing. The police officer who arrested my client worked for the Savannah Metropolitan Police Department (SCMPD). He failed to appear in court on the day of the license suspension hearing.

The Administrative Law Judge called my client’s case and I stood up and said, “We are ready.” The judge then announced the police officer’s name. There was nothing but silence in the crowded Garden City Courtroom. The judge looked at me and asked “Motion?” I replied, “Motion to Rescind, your Honor.” The judge replied, “Granted.” And that was that.

Later that day, my client went and got a new driver’s license in Savannah, Georgia. He never lost his right to drive in Georgia, even though he refused to take a DUI breath test when he was arrested.

 

Judgment: License Suspension Dismissed for Failure to Appear

 

Under O.C.G.A. § 40-5-67 the rules require that a driver be given a date for an Administrative License Suspension Hearing within 30 days of receipt of Request for a Hearing. If an administrative license suspension hearing is requested in a timely manner, but the hearing is not held before the expiration of the driving permit, the driver may be left with no way to drive.

We requested a license suspension hearing for my client. I recorded the date that I sent it on the calendar and kept a copy of the proof of service. The proof of service was the copy of the certified mail receipt showing delivery to the Department of Driver Services (DDS). On the 31st day following our request, we prepared and filed a Motion to dismiss Administrative License Suspension for failure to have hearing within 30 days of receipt of request. We filed our motion with the Department of Driver Services, not the Office of State Administrative Hearings (OSAH) because we didn’t want OSAH to try and intercept the file before it was assigned to OSAH. Our motion was granted and my client’s license suspension was dismissed.

Judgment: Defense to License Suspension: Hearing within 30 days

 

Port Wentworth DUI Arrest

Lance was driving home with his wife. A Port Wentworth police officer got behind him and followed him for about five miles. He was pulled over for Failure to maintain lane. The police officer wrote in his report that “the black BMW crossed the lane lines several times.” The officer walked up to his window.

He did the field sobriety tests and got arrested for DUI. At the station he blew a .111% on the Intoxilyzer 5000. He was shocked because he knew he wasn’t drunk. He needed his license to make a living and support his family. We challenged the license suspension. We brought a certified court reporter to make a solid record to use later on at the criminal case. At the hearing, I cross-examined the cop. One thing lead to another and the officer didn’t satisfy the burden of proof for the Administrative Law Judge. The suspension was denied. Lance walked away and drove while his DUI charges were pending in the State Court of Chatham County.

Judgment: DUI license suspension win