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Jason Philip Cerbone

Jason Cerbone’s Legal Cases

20 total


  • Bail bondsman's DUI dismissed

    Practice Area:
    DUI & DWI
    Date:
    Nov 06, 2008
    Outcome:
    Dismissal of DUI less safe, obstruction, and carrying a concealed weapon
    Description:
    Pooler, Georgia -- On his way to Florida, Marty - a bail bondsman - lies fast asleep in the passenger seat of his black Toyota Tacoma. His good buddy is at the wheel. They need gas, so his friend exits I-95 into a Gate gas station in Pooler, Georgia. Drowsily, Marty walks into the station, heads up to the counter. "How can I help you?" the clerk asks. "I'd like to fill up," Marty says. "How much?" "Eighty dollars," he replies, handing over the cash. With that, Marty walks outside and starts pumping the gas. Over his shoulder, he hears a surprising question: "Why didn't you acknowledge me and the other customers?" Looking up from the pump, Marty finds a police officer whose look says he's not joking. But Marty can't help but be confused. "Are you serious?" he chuckles. "Show me some identification," the officer demands. Checking his pockets, Marty realizes that his ID is in the truck. Calmly, he tells the officer that both his bonding and his driving licenses are inside. He also informs the officer that there is a gun in the center console. He tells the policeman that it would be fine if he wanted to check it out. "Stop pumping gas, and get your license," the cop demands. Marty replies, "Yes sir, no problem, after I finish pumping my fuel." As he finishes the sentence, Marty finds himself handcuffed. Soon, he's being placed in the back of a patrol car. Seeing all of this, Marty's friend opens the driver's side door and asks the officer to explain what was going on, just as another patrol car arrives. At this point, both officers have the friend take a preliminary breathalyzer, which he passes. When they demand that Marty take a test as well, he refuses, saying he has done nothing to deserve such treatment. "I don't care what you think. You are going to jail," one of the officers retorts. "You'll have to wait for him at the jail," they tell Marty's friend. Immediately, they take him away to be charged with DUI, obstruction, and carrying a concealed weapon. At the preliminary hearing the Judge refused to bind the case up to state court, although nearly all such cases are sent there. Instead, the Judge took the case under consideration. I went to the Gate gas station to preserve video surveillance evidence. But those at the station steadfastly refused my request. So, I created a motion demanding the videos. I never did get the video. I worked relentlessly to attack the DUI charges before his case could get to the State Court of Chatham County. In the end the Judge dismissed the charges outright. On the three charges of DUI less safe, Obstruction, and Carrying a concealed weapon, Marty walked free.
  • Businessman's DUI license suspension dismissed

    Practice Area:
    DUI & DWI
    Date:
    Jan 09, 2009
    Outcome:
    Dismissal of Administrative License Suspension
    Description:
    Joey is a Savannah businessman. When Joey 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 administrative license suspension (ALS) of driving privileges for a year. Joey knew his license was gone if he didn't do something about it in 1o days. While many DUI defendants watched helplessly as their licenses were automatically suspended, Joey was pleased to enjoy full driving privileges while waiting for his case to go forward. After talking to Joey, I immediately prepared the necessary filings to withdraw any pending license suspension. I know that ALS hearings are prime early opportunities to lay the groundwork for my clients' DUI defenses. I use the Administrative License Suspension Hearing to win at trial. While waiting for the ALS hearing, I prepared to do just that. When the officer didn't show up at court, I requested the court to dismiss the license suspension. The Judge said "Yes," and Joey's license remained valid.
  • Savannah city worker wins DUI license suspension hearing

    Practice Area:
    DUI & DWI
    Date:
    Mar 09, 2010
    Outcome:
    Dismissal of Administrative License Suspension
    Description:
    Joe refused to take a breath test. In Georgia, such a refusal results in an automatic suspension of driving privileges for a year. But Joe knew he had 10 short days to fight the suspension. Promptly, he called Jason Cerbone. While many DUI defendants watched helplessly as their licenses were automatically suspended, Joe was pleased to enjoy full driving privileges while waiting for his case to go forward. After all, he was a client at Cerbone DUI Defense – a firm where Administrative License Suspension Hearings are taken very seriously. After talking with our new client, we jumped into action – immediately initiating the necessary filings to withdraw any pending license suspension. We know that ALS hearings are prime early opportunities to lay the groundwork for our clients’ eventual DUI defenses. While waiting for the ALS hearing, we meticulously prepared to do just that. When the officer didn’t show up at court, Jason Cerbone requested that the court dismiss the license suspension. The Court agreed, and Joe's license stayed good.
  • SCAD Student's Dismissal of Administrative License Suspension Hearing

    Practice Area:
    DUI & DWI
    Date:
    Mar 09, 2009
    Outcome:
    Dismissal of Administrative License Suspension
    Description:
    Chris refused to take a breath test. In Georgia, such a refusal results in an automatic suspension of driving privileges for a year. But Chris knew he had 10 short days to fight the suspension. Promptly, he called Jason Cerbone. While many DUI defendants watched helplessly as their licenses were automatically suspended, Chris was pleased to enjoy full driving privileges while waiting for his case to go forward. After all, he was a client at Cerbone DUI Defense – a firm where Administrative License Suspension Hearings are taken very seriously. After talking with our new client, we jumped into action – immediately initiating the necessary filings to withdraw any pending license suspension. We know that ALS hearings are prime early opportunities to lay the groundwork for our clients’ eventual DUI defenses. While waiting for the ALS hearing, we meticulously prepared to do just that. When the officer didn’t show up at court, Jason Cerbone requested that the court dismiss the license suspension. The Court agreed, and the license remained valid.
  • Contractor's Dismissal of Administrative License Suspension

    Practice Area:
    DUI & DWI
    Date:
    Mar 10, 2009
    Outcome:
    Dismissal of Administrative License Suspension
    Description:
    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. We requested a hearing. On the 31st day following our request, we filed a Motion to Dismiss Administrative License Suspension. Our motion was granted and Jack's suspension was dismissed.
  • Banker's DUI Reduced to Failure to Exercise Due Care with .152% in Savannah

    Practice Area:
    DUI & DWI
    Date:
    Feb 24, 2011
    Outcome:
    DUI Reduced to Failure to Exercise Due Care in Chatham County
    Description:
    The man, James is a Banker in Savannah, Georgia. James plead guilty to Failure to exercise due care. He was happy because the DUI is gone. James was leaving downtown Savannah and got pulled over. The officer asks James to exit the vehicle with his license. The officer smells a very strong odor of some type of alcoholic beverage coming from James breath. The report says James was swaying, had red, bloodshot eyes, and slurred speech. James tells the cop, "I only had two beers." The officer gives James the Horizontal Gaze Nystagmus field sobriety test and saw six clues. James does the One Leg Stand field sobriety test and the the cop saw two clues. James does the Walk and Turn test and the cop saw four clues. James then tests positive on the Alco-Sensor FST at .157. Next, James feels the cold hard metal of cuffs going on his wrists. He was arrested and charged with DUI/alcohol, Failure to maintain lane, and Following too closely. He was taken to the Chatham County Jail and gave a breath test of .152 on the Intoxilyzer 5000. We got ready for the Preliminary hearing by sending off a subpoena to the arresting police agency demanding the Police reports, statements by defendant, audio and video tapes, repair and service records of video cameras, photographs of defendant, independent test forms, CAD printouts, mobile data terminal printouts, police dispatch records, Intake forms, chemical test results, log sheets, technical data on intoxilyzer, repair and calibration records on intoxilyzer, inspection certificates, and gas chromatograph printouts. In the end, James took a negotiated plea. The court agreed to drop the DUI and the Failure to maintain lane and the Following too closely charges to Failure to exercise due care.
  • Contractor's DUI Reduced to Reckless Driving in Chatham County

    Practice Area:
    DUI & DWI
    Date:
    Mar 04, 2011
    Outcome:
    DUI Reduced to Reckless Driving
    Description:
    It's Saturday afternoon and Richard is driving. He's coming up to the intersection. There is a car in front of him that stopped fast at a red light. He slammed on the brakes. He knew he couldn't stop in time. So, he swerves to the right, straddles the curb and the grass and the roadway. He goes right by the driver he almost hit. He loses control , fishtails, and comes sliding into the intersection and stops. He drives off. Across the intersection and behind four cars is a police officer. He saw everything. He immediately stopped and arrested Richard for Driving under the influence (DUI); DUI less safe; Failure to maintain lane; Broken windshield over 3"x 3;" Unsafe tires; Aggressive driving; Possession of drug related object for use; Driving too fast for conditions; and Open container violation. We got ready to fight for Richard. There were Motion hearings, and every other hearing allowed except a trial. We were ready for trial. We hired a Field Sobriety Expert to come and testify at Richard's trial. Five days before trial, a negotiated plea was worked out. The D.A. agreed to drop the DUI charges to Reckless driving. In the end, they dismissed Aggressive driving, unsafe tires, and broken windshield. They merged Driving too fast for conditions into the Reckless charge. Richard was happy. His record is clean. He kept his license. He stayed out of jail.
  • Chemical Engineer's DUI Dismissed

    Practice Area:
    DUI & DWI
    Date:
    May 12, 2011
    Outcome:
    All charges dismissed for lack of probable cause
    Description:
    Jason is a chemical engineer. He’s got a clean record. He depends on his license to work. Jason ran a red light, went left and got on to the ramp for I-95 Northbound. He was immediately pulled over just off the ramp by Cop 1. Cop 1 wrote in his report that Jason “had slow motor functions and an odor of an intoxicant was being emitted from the vehicle.” The cop asked Jason “How much have you had to drink tonight?” Jason said “I haven’t been drinking.” He asked Jason to get out of his truck and walk to the rear. He gets out. The cop says he staggered walking to the rear of his truck. Cop 1 asks Jason if he’ll take some Field Sobriety Tests. Jason said Yes. Cop 1 then calls Cop 2 to come out here and give Jason the field sobriety tests. Cop 2 comes and does. Jason feels like he passed. But then, he was hand-cuffed, searched, and shoved into the back of Cop 1's police car. He was arrested for DUI less safe based on what the cop saw. Cop 1 asked him to take the breath test, and he agreed as long as a professional gave it. He was taken to the police station and sat down in front of the Intoxilyzer 5000, which is Georgia’s Breath alcohol test. They asked him if he would take it. He said he wanted to see the officer’s certification to give the test. They did not show him any certification. Next, Jason wanted a doctor to give him a blood test. Then he asked to speak with a lawyer. The cops told him neither request was going to happen. Jason didn’t take the breath test and was charged with DUI less safe because he refused to take the breath test. In Georgia, you’ve got a right to requests an independent test. The cop’s failure to let you take one must not be justified. You must request or arrange for your own test after you submit to the state test. You must pay for it, unless you are poor. The police report says Jason asked for an independent test. So, the burden shifts to the State to show that he was not denied an independent test. I’m confident that we would have won on this if it had gotten there. I get ready for the Preliminary hearing. I prepared cross-examination questions for all the cops involved. There are several defenses here. The Field Sobriety was done all wrong. The independent test was violated. There’s more than that even, but the thing went down a different road. At the preliminary hearing, I see two of the officers and talk to them about the case. I asked them where Cop 1 was and they said they didn’t think he would be coming back because of the way he left. He’s no longer with the police department. So, they’ve got the field sobriety officer and they’ve got the breath test officer. But, they have no stopping officer. Cop 2 testifies that Jason was drunk and failed the field sobriety tests. Cop 3 testifies that he prepared the breath test and Jason refused to take it. The judge looked over to me and said: "Any questions, Mr. Cerbone?" I had prepared cross-examination questions for both of them. It would have been stimulating to do it. Rather, I looked up at the judge and said “I request you dismiss the DUI because there is no testimony showing probable cause to stop my client. Therefore, it was an illegal arrest. Dismissed.
  • Computer Consultant beats license suspension on two DUI's with .111%

    Practice Area:
    DUI & DWI
    Date:
    Mar 08, 2011
    Outcome:
    License suspension dismissed
    Description:
    Lance is a highly trained computer consultant. He's driving his BMW home with his wife. A police officer gets behind him and follows him for about five miles. Then he's pulled over for Failure to maintain lane. He ends up doing field sobriety tests, failing them, and gets arrested for DUI. At the station he blows a .111% on the Intoxilyzer 5000. He now gets charged with two DUI's. He's shocked because he knows he wasn't a drunk driver. He needs his license to make a living and support his family. We challenge the license suspension. We bring a certified court reporter to make a solid record to use later on at the criminal case. At the hearing, I cross-examine the cop. One thing leads to another and the officer didn't satisfy the burden of proof for the Administrative Law Judge. The suspension is denied. Lance walks away and drives while his DUI charges are pending in the State Court of Chatham County.
  • Golf Pro Wins DUI Jury Trial in Savannah

    Practice Area:
    DUI & DWI
    Date:
    Aug 31, 2011
    Outcome:
    Hung Jury on DUI, plead down to Reckless driving
    Description:
    We began at 9:00 am. We finished at 9:30 p.m. They had a prior DUI which they illegally got into evidence. My personal opinion, of course. 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 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. 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.