DUI breath test dismissed for Fireman in Pembroke, Georgia

Jason Philip Cerbone

Case Conclusion Date:February 13, 2013

Practice Area:DUI / DWI

Outcome:DUI breath test dismissed, DUI less safe dismissed, Headlights requirement dismissed, plead to Failure to use care

Description:Eli was driving home from the Luke Bryan concert with his wife. He sees blue lights and he pulls over. The cop comes up to his window and asks, “Did you know you got a headlight out?” “No,” Eli replies. “Get out of the car,” he demands. Then, outside, “Anything to drink tonight?” the cop asks. “Yes,” Eli says, “about an hour ago, I had two beers.” The cop replies, “You should be safe, good to go.” “Let me check you out, make sure you’re going to be safe, then get you out of here, O.K. bud?” Eli was arrested for DUI, less safe (alcohol), and Driving under the influence (DUI) with a .119 breath test, and Headlights requirement. In the end it wasn’t about the messed up field sobriety tests done in the grass. Or, the calibration records showing the breath test was off that day. Or, the various other problems with the officer’s DUI investigation. It was more invisible than that. This was about preparation. It was about dealing with a good cop who was willing to work with me when no prosecutor has the case, yet. This was not Savannah, Georgia. Or even, Chatham County. It didn’t involve the Chatham County District Attorney’s Office. No sir. This was Pembroke, Georgia. But in the end it was checked. Eli plead down to “Driver to use due care.” The two DUI charges and the Headlights requirement are gone.