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Woman Student Avoids DUI and Pleads down to Reckless Driving

Case Conclusion Date: 02.03.2012

Practice Area: DUI and DWI

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.

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