Jason Cerbone

DUI dismissed for health care professional

Jason Cerbone · December 5, 2011 ·

Arrested for DUI

Katie is a health care professional. She had never been arrested in her life. She was driving a silver BMW on Martin Luther King Blvd. in Savannah, Georgia. She got pulled over by the Georgia State Patrol for Failure to maintain lane.

The police officer asked her how much she drank that evening. She admitted to drinking a couple of drinks earlier. The officer asked her to do field sobriety tests. She tried to do all three: Horizontal Gaze Nystagmus, Walk and Turn, and One leg stand. 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.)

Facts unable to support a conviction

In court I was able to get the District Attorney to recognize that this was not a good case. The prosecutor 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. She got her DUI dismissed because the facts were not able to support a conviction in the Recorder’s Court of Chatham County, Savannah, Georgia.

Judgment: DUI dismissed for health care professional

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DUI jury trial win

Jason Cerbone · December 4, 2011 ·

The man, (we will call him Joe) was found not guilty of DUI in a Jury Trial in the State Court of Chatham County, Georgia.

Joe 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. Joe 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. For the DUI charge he was found Not Guilty. Found guilty on Speeding and open container.

Judgment: DUI jury trial win

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Golf Pro Wins DUI Jury Trial

Jason Cerbone · December 4, 2011 ·

We began at 9:00 am. We finished at 9:30 p.m. They had a prior DUI which they got into evidence. But, in the end it was checked, and my client didn’t go to jail. I had the officer come down off the stand and perform the Horizontal Gaze Nystagmus (HGN) test on my co-counsel. Our field sobriety expert witness watched him like a hawk. The officer did it right. So, our field sobriety expert witness testified that HGN didn’t prove that a person is an impaired driver under Georgia’s DUI less safe statute. See our webpage: How Effective are the Field Sobriety Tests. What a fight. They came hard. And in the end, the judge dismissed reckless driving, impeding traffic, and failure to signal. The jury first couldn’t decide. Then, told to go back and try harder, but that they would be able to go home real soon. So, they decided my client was guilty of Improper stopping. On the DUI, they hung. So the D.A. eventually offered my client Reckless driving, and he took it.

The Golf pro got a hung jury on the DUI charge after a twelve hour trial. He plead down to Reckless driving in the State Court of Chatham County, Savannah, Georgia.

Judgment: Golf Pro Wins DUI Jury Trial

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Bail Bondsman’s DUI Dismissed

Jason Cerbone · December 4, 2011 ·

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.

In the Municipal Court of Pooler 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.

Judgment: Bail Bondsman’s DUI Dismissed

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Driver’s license suspension dismissed

Jason Cerbone · December 4, 2011 ·

You’ve probably already asked, “How can I function without my driver’s license?” Fact is, you have only a few days to make sure that doesn’t happen. It’s Priority #1 in every case we accept. All phone calls, paperwork, hearings and minute details will be handled swiftly, meticulously, and with the highest degree of professionalism. We know precisely what needs to be done to save your right to drive…And we do it quickly.

Joe is a Savannah businessman. When Joe was pulled over and arrested for DUI, the police officer said he had refused to take the breath test. In Georgia, such a refusal results in an automatic license suspension of driving privileges for one year. Joe knew his license was gone if he didn’t do something about it in 1o days. After talking to Joe, we immediately prepared the necessary filings to challenge the automatic license suspension. We use the Administrative License Suspension Hearing to win at trial.We got the license suspension dismissed and then we prepared for the criminal case. But at least he can drive in the meantime.

Judgment: Driver’s license suspension dismissed

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