Skip to main content
Jason Philip Cerbone

Jason Cerbone’s Answers

2 total

  • Can they do that?

    I was arrested for 2nd DUI during probation. I got pulled over for failing to maintain lain and doing 58 in a 45 zone. -Failed to maintain lane because I dosed off. -Passed the field test -Did not refuse the chemical test. Officer stopped the ...

    Jason’s Answer

    O.C.G.A. 17-6-1(b)(2)(A) permits a DUI suspect to be kept in custody for six hours if he or she submitted to testing and the reading is greater than 0.08 grams percent. The jailers are not supposed to hold for six hours a person who has refused chemical testing. Many times this rule is applied to both refusals and people who took the test.

    Here is what I would do if you were my client: I would figure out who helped you get out of jail, and how they helped you get out of jail. Sometimes my clients get out on his or her "own recognizance." Most of my clients post a cash bond. The second thing I'd do is have you execute a form that I have prepared for this very thing. You or the person who bonded you out executes the form assigning all rights to the bond money to me, (the lawyer). This is important where a cash bond was posted because the person who bonded you out of jail won't have to be tracked down if a plea is entered. And, the money posted by someone on a cash bond belongs to that person. This money is not automatically used to pay a fine in a DUI case. This job should be done early to not delay your case.

    Moreover, if this DUI arrest results in a conviction, you will get credit for time served if your lawyer brings this in front of the judge.

    See question 
  • If I am planning on pleading guilty for a DUI, should I worry about the Admin hearing?

    I spoke with our family attorney today who said my case is not looking favorable. I got pulled over for failure to maintain lanes (I was looking for my purse in the floor) and refused all testing except the field sobriety, even though I had not dr...

    Jason’s Answer

    Yes. Request the Admin. hearing. In Georgia, if defendants don’t act within 10 days of their DUI charge, they can have their drivers licenses automatically suspended for up to a year! This process is known as Administrative License Suspension (A.L.S.). You may stop it if you fight. But first, we ought to answer four important questions:

    1. Did the Officer File a 1205 form?
    You should have been given a copy of the 1205 form. If you don’t know, hire a lawyer to find out. Indeed, the status of this form is vitally important. If the 1205 Form was not filed, then your driving privileges will remain until the resolution of your criminal case. You should assume the form was filed, unless you have clear evidence to the contrary.

    2. Have You Waited Longer than 10 Days?
    Contact and hire a lawyer within 10 days, or you will likely lose your driving privileges. To save your driver’s license, you must request an Administrative License Suspension hearing. We request one for all of our defendants, even if the ten-day period has lapsed. Significantly, Georgia law does contain one exception to 10-day rule: "delay not due in part to the reasonably avoidable fault of your client." Otherwise, your suspension will go into effect on the 31st day after your arrest.

    3. Did You Submit to Chemical Testing?
    If you refused chemical testing, you will normally lose your license for a year. The only ways to avoid this outcome are as follows: beating the DUI charge outright or getting the charge reduced to a lesser offense, or if the officer withdraws the A.L.S. suspension. If you submitted, however, you can lose your license for 30 days while your criminal case is pending.

    4. Have You Had a Prior Administrative License Suspension?
    A prior ALS affects both the length of the current suspension and the availability of a permit. This is why a lawyer needs your driver’s history as soon as possible. Broadly speaking, the penalties go up dramatically with the 2nd and 3rd suspension in five years:
    • Two ALS in five years – 3 year suspension; early reinstatement after 18 months with proof of DUI School and payment of Reinstatement Fee. No interlock device can be installed after 12 months.
    • Three ALS in five years -- 5 year suspension; probationary license available after 2 years pursuant to O.C.G.A. § 40-5-58.

    The A.L.S. hearing will probably occur after 30 days, but our request for that hearing will prevent any suspension from going into effect until the actual status of your license is determined at the ALS hearing. A win at this hearing will preserve your driving privileges until the resolution of your criminal case. We use many legal arguments to fight the suspension, including: The hearing wasn’t held in 30 days; The suspension wasn’t initiated by a sworn report; There was no reasonable, articulable suspicion existed to justify the stop; No probable cause was present before the DUI arrest; Implied consent warnings were not given at the time of arrest; Insufficient or defective implied consent warnings were given; There was no actual refusal of chemical tests; Requests for independent tests were not reasonably accommodated;
    Double jeopardy exists because ALS license reinstatement is excessive; thus, it for punishes defendant twice for the same offense; Testing device was not shown to be in “working order;"
    Individual conducting the test did not possess a valid permit; In blood tests, the officer cannot show that the person taking the blood was qualified under O.C.G.A. § 40-6-392.

    In short, there are many legal means by which to challenge your suspension. But a loss by ineffective counsel will suspend all privileges in Georgia, even if you hold an out-of-state driver’s license. Choose experts.

    We know that A.L.S. hearings – even those that are not successful in the short-run – can be important keys to winning at trial. At Cerbone DUI Defense, we use the A.L.S. hearing to win at trial, should a trial be necessary.

    See question