Cerbone
DUI & Divorce Lawyer in Savannah, Georgia
The doctor was charged with DUI less safe, Speeding, Failure to yield to emergency vehicle, Unsafe turning, and Impeding the flow of traffic by the Savannah Police. He was on I-16 and pulled over on Chatham Parkway at Grainger Honda.
In the State Court of Chatham County Georgia he plead the DUI down to reckless driving. The other four charges were dismissed.
The American Institute of DUI/DWI Attorneys has recognized the exceptional performance of Georgia’s DUI Attorney Jason Cerbone as Two Years 10 Best DUI Attorney for Client Satisfaction.
The American Institute of DUI/DWI Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 DUI attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIDUIA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIDUIA’s independent evaluation. AIDUIA’s annual list was created to be used as a resource for clients during the attorney selection process.
One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIDUIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of DUI/DWI law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction.
We congratulate Jason Cerbone on this achievement and we are honored to have him as a Two Years AIDUIA Member.
You can contact Jason Cerbone at 912-236-0595.
PRESS RELEASE: Jason Cerbone Top 10 Best DUI Attorneys in Georgia
Why don’t I just throw myself on the mercy of the court? You never do. You always plead them non-guilty.
At 8:30 p.m. John and his wife ate dinner at The Crab Shack on Tybee Island in Savannah, Georgia. They ordered one Tybee Tea, one Crabber cocktail, two pounds of snow crab legs, low country boil, and one side sausage. After that they headed back to the hotel for the night.
The Georgia Department of Public Safety’s Georgia State Patrol Officer clocked a black Mercedes heading westbound on I-16 going 73 m.p.h. in a 55 m.p.h. zone. The officer stopped John and walked up to his door. At the door the officer claims he smelled a strong odor of an alcoholic beverage coming from John’s breath. The cop asked John how much he drank. John told him he had one drink three hours ago with dinner at the Crab Shack.
The DUI Nighthawk officer asked John to do some field sobriety tests to make sure John was safe to drive. John did them. They were the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. Then the police officer asked John to blow in his hand held breathalyzer device on the side of the road. John tried to but the officer wrote in his report that John would not provide a valid breath sample. He arrested John for DUI less safe – 40-6-391(a)(1). He read him the Georgia Implied Consent Notice for Suspects age 21 or over and asked him to take a blood test. John said, “No.”
In the State Court of Chatham County, Savannah, Georgia we waited for the jury to be brought in by the bailiff. In the end there would be no jury trial. John plead his DUI less safe – 40-6-391(a)(1) charge down to the lesser charge of Reckless driving. The other charge for Driving under the influence (DUI) was changed.
This would have been his second DUI in five years. But, he was not under the influence of alcohol. So, he wanted to fight the DUI charge. We hired a DUI Field sobriety instructor. We were ready. The officer only did one of the three tests because my client had a leg injury. The officer did the Horizontal Gaze Nystagmus (HGN) test. He did it wrong and we had him on the video. Not only did he do it wrong, but he did it three times. This is unheard of. The training manual says that if you are not sure if HGN is there, then it’s not there. Here, he wasn’t sure if it was there until he did it three times. Three times a charm. Reasonable doubt?
We filed a Motion to suppress the field sobriety tests in this case because they were given in violation of the Fifth and Fourteenth Amendments to the United States Constitution, and in violation of O.C.G.A. § 24-9-20(a).
In Price v. State, 269 Ga. 222, 498 S.E. 2d 262 (1998), the Supreme Court held that custody existed when the police officer told the defendant that she would go to jail regardless of whether she performed the field sobriety tests. The Court held that the tests must be suppressed because the defendant was not warned of her right against self-incrimination under former O.C.G.A. § 24-9-20 [§ 24-5-506 off. Jan. 1, 2013].
In our case on the video, Defendant asked the Georgia Department of Public Safety Officer, “If I deny taking the tests you can take me to jail, right?” The officer replied, “Yeah, I can take you to jail for DUI, because I can smell it on you.”
So we moved the Court to suppress the field sobriety test done in this case because my client was not warned of his right against self-incrimination before he did the field test. But the motion was never heard. We were able to work out a deal the night before the jury trial. My client plead down to Reckless driving.
My client was arrested for Driving under the influence – 40-6-391(a)(1-5) by the Georgia State Patrol. She was stopped for Failure to stop at a stop sign – 40-6-72. The police officer asked her if she had drank. She said she had one Captain and Coke at Jalepeno’s Mexican Restaraunt. That was all that was needed to set the cop off.
He ordered her out of the car. Next came the field sobriety tests. Halfway through the Walk and Turn test my client stopped and asked the police officer if she could take off her flip flops. The officer allowed her. Then, bare foot on the cold dark road she tried these exercises for the first time in her life. Now if she misses touching her heel to toe by half an inch, she will fail the test. She was barefoot on the road at night, being investigated by a cop for DUI. Is it any wonder that she failed?
We worked together and were able to keep this case in the Savannah Recorder’s Court of Chatham County. At the preliminary hearing the District Attorney allowed this case to be plead down to the charge of Failure to exercise due care. My client was happy. What else matters?
