Judgment: DUI jury trial win
Jason Cerbone · ·
Jason Cerbone · ·
We began at 9:00 am. We finished at 9:30 p.m. They had a prior DUI which they got into evidence. But, in the end it was checked, and my client didn’t go to jail. I had the officer come down off the stand and perform the Horizontal Gaze Nystagmus (HGN) test on my co-counsel. Our field sobriety expert witness watched him like a hawk. The officer did it right. So, our field sobriety expert witness testified that HGN didn’t prove that a person is an impaired driver under Georgia’s DUI less safe statute. See our webpage: How Effective are the Field Sobriety Tests. What a fight. They came hard. And in the end, the judge dismissed reckless driving, impeding traffic, and failure to signal. The jury first couldn’t decide. Then, told to go back and try harder, but that they would be able to go home real soon. So, they decided my client was guilty of Improper stopping. On the DUI, they hung. So the D.A. eventually offered my client Reckless driving, and he took it.
The Golf pro got a hung jury on the DUI charge after a twelve hour trial. He plead down to Reckless driving in the State Court of Chatham County, Savannah, Georgia.
Jason Cerbone · ·
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.
Jason Cerbone · ·
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.
Jason Cerbone · ·
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.
Cerbone Law
2 E. Bryan Street, Suite 431
Savannah, Georgia 31401
jason@cerbonelaw.com
+1-912-236-0595