DUI Dismissed at Motion Hearing

Chris was arrested for DUI less safe. He is a Savannah College of Art and Design (SCAD) student. He is an entrepreneur who has been featured on the cover of the Savannah Morning Newspaper. He couldn’t afford to have a DUI on his record for the rest of his life. Here is how his case went.

The Georgia State Patrol officer wrote in his report that the black BMW had an inoperable headlight, and I stopped him on Oglethorpe Avenue. The officer smelled alcohol and asked Chris how much he had to drink that night. Chris said one drink. The officer asked him if he would take some field sobriety tests. Chris replied, “No.” He didn’t take any of the field sobriety tests because he has been down this road once before.

The officer placed Chris under arrest for DUI less safe (alcohol) – 40-4-391(a)(1); Driving under the influence – 40-6-391; and Violation of headlights requirement – 40-8-22. The officer then read him the Georgia Implied Consent card and asked Chris to take a blood test. Chris asked to speak to a lawyer. The police officer interpreted that as a refusal.

Chris hired me to fight his DUI charges. We were headed to a jury trial. But the judge dismissed all three charges at the Motion to suppress hearing in the State Court of Chatham County. Case closed.

Judgment: DUI less safe Dismissed at Motion Hearing


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Bryan County GA DUI Gone for Military Officer

David is a Joint Terminal Attack Controller for the U. S. Air force. He was arrested for Failure to maintain lane, and DUI – Refusal. He fought the DUI, and won. He settled for Driver to use due care. The charge for Failure to maintain lane was merged. Here is what happened.

The Richmond Hill Police Department report said that David struck the shoulder line on three occasions, put on his blinker, and turned right. At the window the police officer asked David if he drank tonight. David said he had one beer. The cop wrote in his report, “I asked if he would submit to taking some field sobriety tests, which agreed. While attempting three standardized field sobriety tests, David stated he had medical conditions that prevented him from taking them.” The officer did not do any of the three field sobriety tests. He decided to give David the preliminary breath test, and then he arrested David for DUI. He read David the Georgia implied consent for suspects 21 and over (an orange card), and asked him if he would take a breath test. David said, “No.” He was arrested for Failure to maintain lane, and DUI – Refusal.

The officer asked David to do field sobriety test. David agreed. The officer then asked David if he had any medical problems that would prevent him from doing the tests? How would David know? He doesn’t know what the surprise tests will be. David told the cop that he has chronic knee problems from an earlier injury. David answered the cop’s interrogation questions. David never told the cop that, “he had medical conditions that prevented him from taking them.” For one, he doesn’t know what the tests will be. Second, David thought he had to do them. As David stood there, the officer decided not to do any of the three standardized tests, and told David to blow into the hand held breath test on the side of the road. Once again, David submitted to the officer’s demand thinking he has no choice. Then he was arrested.

Final Judgment: Bryan County GA DUI Gone for Military Officer

DUI Dismissed in Pooler, Georgia

My client, (I will call him Kevin) was arrested by the Pooler Police Department in Pooler, a municipality of Savannah, Georgia, Chatham County. He was charged with four DUI related traffic offenses. The police officer wrote in his report that Kevin drove in the left hand lane going 50 m.p.h. for several miles and there were no cars in the right lane. The officer pulled Kevin over and when he was at the window he smelled alcohol. He asked Kevin where he was coming from. Kevin replied, “Bahama Bob’s.” The cop asked Kevin if he drank. Kevin said he had drank his last drink about an hour ago. The officer said Kevin’s face was flushed and his speech was slow and slurred, and that Kevin struggled to remove his license from his wallet.

Arrested for DUI in Pooler

The officer asked Kevin to get out of his car and do some Field Sobriety Tests. Kevin did as asked. He took the three required DUI field tests: Horizontal Gaze Nystagmus test, Walk and Turn, and One Leg Stand. He then took the Preliminary breath test. This showed the presence of alcohol. The officer concluded that Kevin failed all three of the tests and arrested him for DUI less safe. The cop then read Kevin the Implied Consent Rights and asked if he would take a breath test. Kevin said, “Yes.” He took the test and blew a .128 into the Intoxilyzer 5000 police breath test at the Pooler Police Station.

Eventually, Kevin was given the opportunity to plead his DUI down to Failure to use due care, and all other charges would be dismissed. He took it.

Here is the deal

Original Charges

  1. DUI alcohol (breath test) – 40-6-391(a)(5)
  2. DUI less safe (alcohol) – 40-6-391(a)(1)
  3. Must apply for new license within 60 days of moving to a new address – 40-5-33
  4. Impeding the flow of traffic – 40-6-184

Final Result

  1. Reduced to Failure to use due care
  2. Dismissed
  3. Dismissed
  4. Dismissed

Final Judgment: DUI Dismissed in Pooler, Georgia

DUI under the limit reduced

He was arrested for DUI under the limit (.062), and plead his DUI charge down to Reckless Driving. John and his wife went to Applebee’s for dinner. He drank two beers with his wings. On his way home he was pulled over by the Savannah Metropolitan Police for Failure to move over. There was traffic behind him and coming at him in the other lane. He couldn’t safely move over even if he tried. He was arrested and charged with DUI, Less Safe (Alcohol) 40-6-391(a)(1); Driving with unlawful blood alcohol level – 40-6-391(a)(5); Failure to obey move over law – 40-6-16; and Reckless Driving – 40-6-390. John took a state-administered test at the police station and the result was .062. That is under the legal limit of .08.

We worked out a good deal with the Assistant District Attorney, and in the State Court of Chatham County Georgia, John plead guilty to Reckless driving. The three other charges went away. The first charge for DUI, Less Safe (Alcohol) 40-6-391(a)(1) was changed to Reckless Driving – 40-6-390. The second charge to Driving with unlawful blood alcohol level – 40-6-391(a)(5) was dismissed. The third charge for Failure to obey move over law – 40-6-16 was merged into the charge for Reckless driving.

Judgment: DUI under the limit reduced

Recorder’s Court DUI Down to Reckless

Mr. Anderson was arrested on I-16 by the Georgia Department of Public Safety (a.k.a. Georgia State Patrol). He was charged with DUI – Any combination of alcohol/drugs/toxic vapor/less safe – 40-6-391(a)(4); Speeding in excess of maximum limits 40-6-181; and Failure to maintain lane – 40-6-48. He took a blood test and the results showed an alcohol concentration of 0.089.

DUI Police Report

The DUI Nighthawk Police Officer was operating stationary radar on Interstate 16 when he observed a gold Lexus traveling at a high rate of speed. He pulled over Mr. Anderson for going 75 m.p.h. in a 55 m.p.h. zone. He noted in his report that he immediately noticed an odor of alcoholic beverage coming from my client’s breath. The officer also wrote in his report that Mr. Anderson had glassy bloodshot eyes, slurred speech, and was unsteady on his feet while walking. My client told the cop he had one beer to drink that night. My client agreed to try out the Field Sobriety Tests. On the Horizontal Gaze Nystagmus (HGN) eye test my client exhibited four of six clues. On the Walk and turn test he showed five of eight clues. On the One Leg Stand test he exhibited zero clues. The officer had my client blow into a preliminary breath test on the side of the road. (This is not the real breath test at the station.) The preliminary breath test showed positive for the presence of alcohol. At this point he arrested my client. After my client was placed into the back of the police car, the police officer read the Georgia Implied Consent Notice for Suspects 21 and Over. Mr. Anderson agreed to take a blood test. At the jail, he took a blood test and the results three weeks later showed an alcohol concentration of 0.089.

Recorder’s Court DUI Plea Bargain

In the Recorder’s Court of Savannah, Georgia Chatham County my client plead his DUI charge down to Reckless Driving. The charge for Failure to maintain lane was merged into Reckless Driving. And he plead guilty to Speeding.

Judgment: Savannah, Georgia Chatham County Recorder’s Court DUI plead down to Reckless Driving

DUI Reduced for Art Director

Lily had just left the Art Gallery where she hosted a Gala in downtown Savannah, Georgia. She was driving down Highlands Boulevard when she saw headlights coming at her. There were no other cars on the road. The headlights passed her, did a U-turn, became blue lights, and came for her. She pulled over.

The Savannah Metropolitan Police Officer came to her window. He checked her license, and he smelled alcohol, so he asked her if she drank. She said she split a bottle of wine with a friend a couple of hours ago. He got her out of the car. She wore high heels and a long tight pencil skirt that hit below her knees. He asked her to do some Roadside agility tryouts, (also known as Field Sobriety Tests). She tried out his exercises. He was not happy with her performance. He arrested her for DUI. She was not drunk. She was not under the influence of alcohol. But she was arrested for the first time in her life, and charged with DUI less safe (refusal) – 40-6-391(a)(1), and Driving too fast for conditions – 40-6-180.

License Suspension Hearing

At the Administrative License Suspension Hearing, I cross-examined the police officer. The officer did not do the DUI Field Sobriety Tests properly. The cop gave the Field sobriety tests wrong, which invalidated the results. She won the DUI license suspension hearing and saved her Georgia driver’s license. The entire transcript of the license hearing is below.

Transcript of the DUI License Suspension Hearing

DUI reduced to Reckless driving

The prosecutor agreed to have the DUI reduced to Reckless driving. In the State Court of Chatham County Georgia Lily plead guilty to Reckless driving.

Judgment: DUI Reduced to Reckless for Art Gallery Director in the State Court of Chatham County

Pharmacist’s DUI down to Driver to use due care in Effingham County

Effingham County DUI Arrest

My client is a Clinical Professor of Pharmacy and Psychiatry. He was driving in Effingham County when he got into a car crash, hit his head, and was knocked out unconscious. When he awoke he drove and was pulled over and then was arrested by the Effingham County Sheriff’s Office for DUI less safe (refusal), Hit and run, Open container, and Drugs not in original container. He refused to do Field Sobriety tests, and he refused to take a breath test. But, he asked the Effingham police to give him a blood test. They did not. What’s more startling is that the police officer wrote in his report that he asked my client to take a blood test, and my client refused. The officer also wrote in his DUI report that my client was in and out of consciousness in the back seat of the police car. The Effingham County police never called for Medical help to have my client checked out. He had received a head injury and couldn’t remember what happened.

DUI Case Result in Effingham County

The Solicitor in Effingham County eventually offered my client a deal. It wasn’t easy to get. I had to show him our hand, and explain our position in the case. And then, after a long time, and much consideration, the Solicitor agreed to dismiss the DUI. In the Effingham County State Court he plead guilty to Driver to use due care – 40-6-241, and Hit and run. The charges of Drugs not in original container and Open container were Nolle prossed (dismissed).

Judgment: Pharmicist’s DUI down to Driver to use due care in Effingham County

Nurse’s DUI refusal negotiated to reckless

DUI refusal

The prosecutor must prove beyond a reasonable doubt that you were driving under the influence of alcohol to the extent you were a less safe driver. When the State does not have a chemical test, you should challenge your DUI charge if one of the three elements of DUI refusal will be hard to prove.

Insufficient evidence of impairment

The nurse was driving home with her husband. She was on I-16 and stopped at a gas station. In the parking lot a police officer noticed that she was not wearing a seatbelt. One thing led to another and she was charged with DUI Refusal – 40-6-391(a)(1); and No seat belt – 40-8-76.1(e)(3) by the Georgia State Patrol. She refused to take the field sobriety tests. She refused to take a breath test. In the her case there was not enough evidence for probable cause to arrest her for DUI.

In the Recorder’s Court of Chatham County she plead guilty to reckless driving instead of DUI refusal. The charge for No seatbelt was merged into the Reckless driving charge.

Judgment: Nurse’s DUI refusal negotiated to reckless driving