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Jason Philip Cerbone

Jason Cerbone’s Legal Cases

20 total


  • Not Guilty. Savannah Man Wins DUI Jury Trial

    Practice Area:
    DUI & DWI
    Date:
    Sep 13, 2011
    Outcome:
    Not guilty of DUI
    Description:
    Jay wakes up at at 5:00 a.m. and goes to work at 6:30 a.m. until 4:30 p.m. He's a heavy machine operator for the City of Savannah. He cuts grass. A DUI conviction would take his commercial "CDL" driving license away forever. So, his job would be over. He'd have the label of a third DUI stuck on his record. He faced a statutory mandatory minimum of 90 days in jail. But a year is in the discretion of the judge. He hired me to fight the thing. We did. Fight or die. We won. Jay was charged with DUI less safe, (his third in lifetime), Speeding by moving radar, and open container violation. Friday afternoon around 4:00 p.m. I ask the judge for a continuance of my Motion hearing set for September 16th. He said "Jury trial on Monday. In the end, a good field sobriety expert witness had our back and rushed down for the trial. The DUI trial began on Monday and finished up on Tuesday. All in all the DUI charge he was found Not Guilty. Found guilty on Speeding and open container.
  • Health Care Professional gets her DUI Dismissed

    Practice Area:
    DUI & DWI
    Date:
    Sep 23, 2011
    Outcome:
    DUI dismissed because facts not able to support conviction
    Description:
    Katie was driving a silver BMW on Martin Luther King Blvd. in Savannah, Georgia and got pulled over for Failure to maintain lane. She admitted to drinking a couple of drinks earlier. The officer asked her to do field sobriety tests. She failed those. She was arrested for DUI less safe. At the police station she blew a .063 in the Intoxilyzer 5000 (Georgia's breath test.) I prepare to fight her case through a jury trial. In court the D.A. recognized that this was not a good case. She agreed to drop the DUI because the facts were unable to support a conviction. Katie plead guilty to failure to maintain lane and that was it.
  • Massachusetts Man dodges two DUI's in Savannah, Georgia

    Practice Area:
    DUI & DWI
    Date:
    Nov 17, 2011
    Outcome:
    DUI alcohol dismissed; Endangering a child while DUI dismissed; He plead guilty to Speeding and Failure to use due care
    Description:
    I get a call from a lawyer in Massachusetts. He scopes me out for his client who lives up there, and got popped in Savannah, Georgia. The man, Thomas is a commercial truck driver. He was charged with DUI alcohol, DUI less safe, Endangering a child while DUI, and Speeding. A phone conference was arranged and Thomas hires me to fight his DUI charges to the death. I request police reports, videos, and the whole nine yards. But, of course I got very little from the government. The day before court I get the video after driving out to the police station, and meeting with the officers for a couple of hours. The police officer agreed to drop the DUI's and the charge of Endangering a child while DUI. Thomas plead down to Failure to use due care and Speeding.
  • Woman Student Avoids DUI and Pleads down to Reckless Driving

    Practice Area:
    DUI & DWI
    Date:
    Feb 03, 2012
    Outcome:
    DUI with .128% BAC reduced down to Reck­less Dri­ving, Tail­light lens charge merged into the Reck­less charge
    Description:
    Ash­ley was pulled over on I-16 after leav­ing down­town Savan­nah one night. She had sev­eral friends in her car. She was stopped because the police offi­cer said one of her tail lights wasn’t work­ing prop­erly. The cop told her to get out and asked her if she would do some field sobri­ety tests and show him that she was alright to drive. So she did it. She did a One-Leg Stand exer­cise. She did an eye test where she fol­lowed the officer’s fin­ger. She felt she passed. She was sur­prised to be arrested for DUI. She was taken to the Chatham County Deten­tion Cen­ter up the road and she blew in the breath test used in Geor­gia, the Intox­i­lyzer 5000. Her result was .128% BAC. The legal limit in Geor­gia is .08% BAC. She thought she was def­i­nitely get­ting a DUI. But, she didn’t. After I met her and she hired me to try and help her, I got the police officer’s dash­board video of the arrest, and the police reports and all the slips of paper and her book­ing photo. I had researched the Tail lens require­ment and I was get­ting ready for the Pre­lim­i­nary Hear­ing in the Recorder’s Court of Chatham County. I watched the video and I real­ized that the Offi­cer who arrested her and wrote the report wasn’t the man who gave her the field sobri­ety tests. Some­thing was wrong. I looked back at the report. The Offi­cer wrote it as if he had walked up to her car and as if he had done the field sobri­ety tests. But he did not. I couldn’t make out who it was that gave them to her. This was a prob­lem. So, I get all fired up and write down a lot of ques­tions for the offi­cer. We go to the Admin­is­tra­tive License Sus­pen­sion hear­ing in Gar­den City Munic­i­pal Court and the Offi­cer was very nice and he agreed to with­drawal her sus­pen­sion if she agreed to plead guilty to some­thing other than DUI. So she did. Then, later we go to the Pre­lim­i­nary Hear­ing and now I’m ready to go. I knew what I had to do. But, then when I got there and talked with every­one, Ash­ley got a great deal. The hear­ing never went down. Ash­ley got her DUI reduced and plead guilty to Reck­less Dri­ving. She was thrilled. And, so God knows was I.
  • Ranger Wins License Suspension Hearing in DUI Refusal in Savannah, Georgia

    Practice Area:
    DUI & DWI
    Date:
    Apr 05, 2012
    Outcome:
    Dismissal of License Suspension
    Description:
    "What did I do wrong?," the officer asked me, walking out of the courtroom. You messed up the implied consent notice. So, my client won his license back. He would have lost it for a full year. No permits allowed. But, the real win is the 44 page transcript that I have now because we brought a private court reporter. Page 8 is where the officer messed up technically. And, Page 8 is where I began cross-examination. Earlier that day I called the officer up on the phone. "Officer, this is Jason Cerbone, how are you?" "I'm good." Well, we've got the administrative license suspension hearing in one hour. Will you please withdraw the suspension?" "What?" "Will you drop the suspension?" "Well, does your client want to plead guilty?" No, we'll plead down to a non-DUI charge. And if he loses the suspension hearing today, we'll file a demand for Speedy jury trial, because he needs his license." See you in one hour. I told my client that we would probably lose the suspension hearing because if the officer knows his stuff than it's pretty easy to win for him. But, we won. Never underestimate the power of the courtroom drama. Cross-Examination, Objections, Confusion, and Bam! It's over like that. Things can happen so fast that even the officer is clueless, and sometimes you'll win and the officer will ask, "What did I do wrong?" What the officer did wrong doesn't matter much. Win or lose, the facts developed and captured on the transcript is the big win. I'll take that any day. 44 pages of fact hell for a DUI case, and none of it would ever come out unless we challenged the license suspension and had a hearing. The ALS hearing opens a second legal front for us to battle your case. The DUI criminal case and the ALS license suspension case must be handled together with strategy. As I've become a DUI specialist, I understand the way they work together. Ultimately the ideal is that I know how to challenge this "hard suspension" to try and keep my clients driving while their DUI criminal case moves through the system.
  • Reckless driving for Amy in Pooler - DUI blood test dismissed

    Practice Area:
    DUI & DWI
    Date:
    Feb 07, 2013
    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.
  • DUI breath test dismissed for Fireman in Pembroke, Georgia

    Practice Area:
    DUI & DWI
    Date:
    Feb 13, 2013
    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.
  • DUI roadblock in Port Wentworth didn't stick -- Mechanic wins

    Practice Area:
    DUI & DWI
    Date:
    Nov 30, 2012
    Outcome:
    DUI charge dropped, plead to reckless driving
    Description:
    Henry was arrested by the Port Wentworth Police in a DUI roadblock and charged with DUI, less safe (alcohol) and Driving under the influence (DUI). In the State Court of Chatham County, he plead down to Driver to use due care and Reckless Driving. The two DUI charges are gone. Henry had driven 25 miles before the hidden road block in Port Wentworth. But then he was in the middle of an operation: the DUI Roadblock. “License and Insurance,” cop says. Henry had it in his hand ready for them to take it. Then the Port Wentworth Police officer comes back to the truck and says “Get out of the truck.” Henry got out and at the cop's request tried some DUI Field sobriety tests. Henry didn’t smell of alcohol. He wasn’t unsteady on his feet. He wasn’t wobbling. His speech was not slurred. His eyes were not blood shot. Next, they have him blow in a preliminary breath test device (roadside screening device that can tell if you have any alcohol in your system. Cop says “your going to blow in it one more time. I’m tired of dealing with you. I will arrest you.” D blows again. It made a sound. Cop said “Yeah.” Henry asked cop 2 after every attempt what did it register? Cop said “You’ll find out after you go in the trailer.” They cuffed Henry. “What are they doing to you?” crys his wife. “He’s going to arrest me.” “For what?” she asks. On cross-examination at the Preliminary Hearing in the Port Wentworth Municipal Court the cop said that there were videos of the DUI roadblock. And, he said that his handwritten field notes of all the field sobriety tests were in a locker. We went to the DUI Roadblock scene and got photographs and video of the area. We hired a DUI Field Sobriety Test Expert and Trainer to come testify for Henry’s Jury trial. I subpoenaed the following things from the Port Wentworth Police Department: DUI reports, Video, Audio of the event, call records, Port Wentworth Police Department Guidelines for Roadblocks, and the cop's handwritten notes. They gave us nothing. They came to court with nothing. The judge set up a show cause hearing for the Port Wentworth Police Department to come show cause why they should not be held in contempt of court for violating the subpoena. But the case went away before the show cause hearing came. And Henry got no DUI.
  • SCAD student wins DUI breath test in Savannah, Georgia

    Practice Area:
    DUI & DWI
    Date:
    Nov 08, 2012
    Outcome:
    DUI unlawful alcohol level for minor dismissed, No tail lights dismissed, plead to Failure to use due care, and No permit
    Description:
    She was a foreign national student at the Savannah College of Art and Design (S.C.A.D.) She was charged with DUI unlawful blood alcohol level as a minor - 40-6-391(K)(1); Driving without tail lights; and No permit. She had a DUI breath test of .061% blood alcohol level and the Georgia DUI law says if she had .02 blood alcohol level or more, she’s guilty. In the State Court of Chatham County in Savannah, Georgia she plead the DUI down to Failure to use due care, and No Permit. She beat the DUI. She wins. She was pulled over by a Savannah Chatham Metropolitan Police Officer for No taillight. He let her go. He didn't even bother writing her a warning. Minutes later, she was pulled over again by a Georgia State Patrol DUI cop and got arrested for DUI, and was taken to the chatham county jail. She blew in the breath apparatus two times. The first sample showed her blood alcohol level at .063 and the second showed her blood alcohol level at .061 We went after the who stopped her first. Obviously, the first stopping officer wouldn’t have let her go if he thought she had alcohol in her body. She was pulled over for a broken taillight. She pulls over normally. She uses her emergency flashers. No slurred speech noted. She exits her car normally. She didn’t have a drivers license because she is from another country. She told the cop she had one drink about three hours ago. She is well spoken....Articulate. The observation period for the breath test was violated. The government broke their own rules. And the machine’s records that we subpoenaed showed a broken breath apparatus. So we filed a Demand for Speedy Trial and and went for them fast. Of course, we told them nothing. At the Pre-Trial Conference Hearing, one week before the trial, the Prosecutor gave my client an offer to plead guilty to something other than DUI. She said Yes. It is only in doing it that it can prove to be impossible. How do you know it is impossible until you have tried it? If everybody said it is impossible where would you be? Where would we all be if you just said “Impossible?” I have seen enough lawyers to whom all DUI blood alcohol level test trials were impossible.
  • Decorated Marine beats DUI + five charges in Savannah, GA

    Practice Area:
    DUI & DWI
    Date:
    Oct 26, 2012
    Outcome:
    All charges dismissed: DUI, Failure to maintain lane, 40-6-48; Obstruction; False Report of Crime; and Leaving the scene of an accident
    Description:
    There were five charges in this DUI case. We were in the Recorder’s Court of Chatham County, Savannah, Georgia. Jake, the former United States Marine and-recipient-of-two-Good-Conduct-Medals was arrested by the Savannah-Chatham Metropolitan Police Department for Driving under the influence (DUI) less safe, 40-6-391(a); Failure to maintain lane, 40-6-48; Obstruction; False Report of Crime; and Leaving the scene of an accident. But the best thing was that there was something you could do about this. You could fight. So we fought. I hired an independent investigator to interview the witnesses. We got statements, put them in writing and got them ready for evidence. We went to the scene. We took pictures of the roads, and the places. We hired a field sobriety police expert from Atlanta, Georgia to testify. I subpoenaed everything from the police officers. We got ot their police department protocols and policies manuals. And so much more. We picked the day. We picked the court. We were ready. And then there was nothing. The day before the trial the prosecutor told me he was dropping all the charges. In the Recorder’s Court of Chatham County, Savannah, Georgia, the prosecutor abandoned all charges. He made a formal entry on the record declaring he will not prosecute the case further. My client walked away feeling as free as the air you breathe. No record. It may as well have never happened. Certainly we will not have something as easy as this forever.