Reckless driving for Amy in Pooler - DUI blood test dismissed

Jason Philip Cerbone

Case Conclusion Date:February 7, 2013

Practice Area:DUI / DWI

Outcome:Reckless driving for Amy in Pooler - DUI blood test dismissed

Description:Amy was afraid. If she were to be convicted of DUI, she could have been discharged from the U.S. Army. She could have lost her security clearance, and she could have lost her high ranking position. So, she gave me something to fight for. And along the way came the opportunity to take reckless driving instead of DUI. She took it. Amy was arrested by the Pooler Police Department and charged with DUI/alcohol 40-6-391(a)(5), DUI less safe 40-6-391(a)(1) and Speeding 40-6-181. In the Municipal Court of Pooler in Chatham County, Georgia, I helped her get rid of the DUI. She plead guilty to reckless driving and speeding. The DUI was dismissed. She’d never been in any real trouble before. Just a couple of speeding tickets. And on this night she was driving home. The video that I finally got from the police officer proved she was pulled over for speeding (86 m.p.h. in a 65 m.p.h. zone). She didn’t swerve or do any other thing wrong. She got her license out and waited on the police officer to come. He came. “You been drinking,” he asked. “No,” she said. He told her to get out of her car and asked her to do a preliminary breath test on the side of the road. (This should always be given last, after the three standardized field sobriety tests: Horizontal Gaze Nystagmus, Walk and Turn, and One leg stand.) The police officer deviated from his training and didn’t do any of the three field sobriety tests. Not a one. Amy cooperated with the cop and took the preliminary breath test. The police officer wrote in his report that the preliminary breath test showed the presence of alcohol at .175. So he arrested her. Amy got to the station and tried to take a breath test but the police officer said that she gave an insufficient sample (.139). Amy requested to have a blood test. So they drew her blood and she went home. She called me. She hired me. I worked. First, I got her license suspension case dismissed so she was able to keep driving. Then at the Preliminary Hearing in the Municipal Court of Pooler the police officer and the judge agreed to allow her to plead the DUI down to reckless driving. So the DUI is gone. Amy wins. Case closed.