Dismissal of DUI less safe, obstruction, and carrying a concealed weapon
Court: Municipal Court of Pooler
Judgment: Bail-Bondsman’s DUI Dismissed
The DUI Arrest
On his way to Florida, Marty – a bail bondsman – lies fast asleep in the passenger seat of his black Toyota Tacoma. His good buddy is at the wheel. They need gas, so his friend exits I-95 into a Gate gas station in Pooler, Georgia. Drowsily, Marty walks into the station, heads up to the counter. “How can I help you?” the clerk asks. “I’d like to fill up,” Marty says. “How much?” “Eighty dollars,” he replies, handing over the cash. With that, Marty walks outside and starts pumping the gas. Over his shoulder, he hears a surprising question: “Why didn’t you acknowledge me and the other customers?” Looking up from the pump, Marty finds a police officer whose look says he’s not joking. But Marty can’t help but be confused. “Are you serious?” he chuckles. “Show me some identification,” the officer demands. Checking his pockets, Marty realizes that his ID is in the truck. Calmly, he tells the officer that both his bonding and his driving licenses are inside. He also informs the officer that there is a gun in the center console. He tells the policeman that it would be fine if he wanted to check it out. “Stop pumping gas, and get your license,” the cop demands. Marty replies, “Yes sir, no problem, after I finish pumping my fuel.” As he finishes the sentence, Marty finds himself handcuffed. Soon, he’s being placed in the back of a patrol car. Seeing all of this, Marty’s friend opens the driver’s side door and asks the officer to explain what was going on, just as another patrol car arrives. At this point, both officers have the friend take a preliminary breathalyzer, which he passes. When they demand that Marty take a test as well, he refuses, saying he has done nothing to deserve such treatment. “I don’t care what you think. You are going to jail,” one of the officers retorts. “You’ll have to wait for him at the jail,” they tell Marty’s friend. Immediately, they take him away to be charged with DUI, obstruction, and carrying a concealed weapon.
At the preliminary hearing the Judge refused to bind the case up to state court, although nearly all such cases are sent there. Instead, the Judge took the case under consideration. I went to the Gate gas station to preserve video surveillance evidence. But those at the station steadfastly refused my request. So, I created a motion demanding the videos. I never did get the video. I worked relentlessly to attack the DUI charges before his case could get to the State Court of Chatham County.
In the end the Judge dismissed the charges outright. On the three charges of DUI less safe, Obstruction, and Carrying a concealed weapon, Marty walked free.