Contractor's DUI Reduced to Reckless Driving in Chatham County

Jason Philip Cerbone

Case Conclusion Date:March 4, 2011

Practice Area:DUI & DWI

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.