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.