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Cobb County .143 breath test

Practice Area: DUI & DWI

Outcome: Reckless Driving

Description: Defendant was involved in a single car accident. His jaguar went off the road, hitting a stop sign and was not driveable. A security guard called the police who arrived minutes later. When the police arrived, Defendant smelled of alcohol abnd did not perform well on the field sobriety tests. There was a video depicting his performance. Once the field tests were done, Defendant was arrested and read the implied consent. The officer did not read the card as it was written and changed a word in the implied consent. The word he changed significantly altered the meaning of the warning. Defenant then asked the officer to re-read the card and as the officer was doing so, Defendant asked several questions. The officer stopped the reading and Defendant told him "ok go ahead.' The officer assumed that "go ahead" meant ok let's take the test, so he never re-read the warning. After a full day of waiting for a hearing, the state finally agreed that the warning was altered and agreed to a reckless driving. However, the state wanted Defendant to serve several days in jail and based upon the case, Defendant agreed to the jail sentence in exchange for the reckless driving plea. In certain cases, some jail time is worth keeping the DUI conviction of the record, and in this case, it clearly was the correct decision.

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