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DUI & Divorce Lawyer in Savannah, Georgia

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So You’re Getting Divorced Continued

Jason Cerbone · May 5, 2022 · Leave a Comment

Can I continue to use my credit cards?

Act in a conservative, financially prudent manner. Avoid extravagant purchases or consult your lawyer first. If you use credit cards in your normal course of business and for your everyday needs, you may continue to use them. However, confirm with your credit card companies that you have credit in your name and that your spouse hasn’t cancelled the credit cards.

Can I change the locks on the house?

No, unless you have a court order granting you exclusive use and possession of the house. If you are concerned about your safety, consider getting a restraining order. This would usually include granting you temporary possession of the house.

What about wedding gifts?

This is a thorny issue. In most jurisdictions, gifts given to one of the parties are not considered “marital” property and, thus, remain the “separate” property for the recipient. However, for joint gifts, you and your spouse will need to come up with a fair way of dividing them. If you cannot do so, seek the help of a trained mediator.

Can I make my spouse sign a joint tax return?

Typically, no. During your divorce, get the advice of a good CPA as to what makes the most sense financially. If you are still married as of December 31 of the tax year in question, you can file a “married but separate” tax return.

Will my spouse be required to return to work?

This will depend on your circumstances and finances. Without question, after your separation, you and your family may experience tremendous financial strains. any people choose to seek employment or return to work to make ends meet, and others are required to do so as part of an alimony agreement. However, talk with your lawyer and a good financial advisor to help plan your options.

What about my “prenup”?

You should talk with your lawyer about the impact of a prenuptial agreement on your divorce. Usually, it will be enforceable if it meets certain strict criteria, including whether it was entered into voluntarily and with full disclosure of all finances. A judge may scrutinize whether any provisions for alimony are fair at the time of your divorce.

Can I change the judge?

only in rare circumstances can you change the judge. You would have to prove blatant bias or a conflict of interest. The best thing you can do to avoid going through a trial is to settle your case out of court. This will almost always save you a lot of money and emotional stress.

What should I wear to court?

Dress as if you are going for a job interview. Dress in conservative styles and colors. Remember, you are putting your fate in the hands of a judge who has likely never met you and who has a short period of time to make crucial judgments about your character and trustworthiness.

What if I don’t show up in court?

You will piss the judge off. Definitely contact a lawyer to determine whether you can present any valid excuses. Judges sometimes will give litigants a second chance to present their cases, particularly when crucial issues are at stake, such as child custody and alimony.

Can I buy a house?

It is better to avoid making major purchases during the divorce. Your lawyer can and should help you plan for this purchase, and a settlement can be structured to best position you to buy a house once the divorce is finished.

Nurse’s DUI down to reckless driving

Jason Cerbone · April 29, 2022 · Leave a Comment

Nurse DUI reduced to reckless driving

She needed this DUI charge to go away because she is about to be a nurse. She was pulled over on I-16 leaving downtown for Failure to maintain lane by the Georgia Department of Public Safety (Trooper). The trooper saw that her eyes were bloodshot, and her speech slow and slurred. She told the trooper that she drank four hours earlier. She did field sobriety tests and then she was arrested for DUI less safe.

In the State Court of Chatham County her DUI was reduced to reckless driving. Her Failure to maintain lane charge was merged (aka dismissed).

Savannah DUI reduced for doctor

Jason Cerbone · April 27, 2022 · Leave a Comment

Savannah DUI reduced for doctor

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.

So You’re Getting Divorced

Jason Cerbone · April 25, 2022 · Leave a Comment

What to expect and how to proceed

Can I stop the divorce?

Unfortunately, it is very difficult for one spouse to stop a divorce. In some states, you have the right to ask the judge to order marital counseling. In other fault-based states, the spouse seeking the divorce must prove certain grounds for divorce, and the reluctant spouse has the opportunity to refute those grounds. However, the reality is that in most cases, the divorce will occur even when only one spouse wants it.

Can one lawyer represent both of us?

Though this is permitted in some states, it generally is a bad idea. Most good family law attorneys will not represent both spouses, as it is most always a conflict of interest and unethical conduct. An attorney who represents “both sides” prevents you from obtaining your own, independent legal advice. Even worse, the agreement becomes vulnerable to an attack to set it aside. There are many better ways of conserving money, such as hiring a trained mediator to help you and your spouse work through your issues.

Should I hire a private detective?

It depends on your goals. In a “fault” state, it might be helpful to have a private investigator (Pl) find out about your spouse’s behaviors that may impact the property settlement. Otherwise, a PI might help you trace money that you suspect your spouse of hiding. However, always keep in mind the potential risks of starting a fight and possibly harming your children in the process. In addition, most good divorce lawyers can help you track assets and obtain documentation if your finances are not too complicated.

How long will the divorce take?

Check your state law, as there are different “waiting” or “cooling off” periods in many states. It may be as little as 30 days or as long as a year. Plus, your case may be delayed if you live in a jurisdiction that has crowded court dockets. Finally, it is a rule of thumb that if you and your spouse cannot reach an agreement and your case becomes “contested,” it will take longer to complete.

Should I move out of the house?

The answer depends on your individual circumstances. There is no one right answer that fits every case. However, in making that decision keep in mind the following: the person who moves out does not forfeit all claims to any marital equity in the property or entitlement to a division of the furnishings. However, it might be wise to list or photograph the contents before you leave.

Once a party moves out, a lawyer may have difficulty getting an order for him/her to move back later. If there are disputes relating to children and one parent moves out without them before reaching an agreement regarding contact, there may be a
time lag before arrangements are in place for that parent to see the children.

If you believe your children should reside primarily with you, it is generally not a good idea to move out unless you have adequate and safe arrangements for your children to go with you.

Can I read my spouse’s mail/email or tape our telephone conversations?

Before you do anything like this, talk with your attorney. You may be violating federal and state law. Plus, many people are surprised to learn that information gleaned through these actions may not be admissible in a courtroom anyway. There are exceptions to these general rules but, again, it is wise to seek counsel first.

How do I prove that my spouse is hiding cash?

Both parties will be required to disclose financial information in the early stage of the divorce. This documentation may include bank records, check stubs, and retirement statements. In addition, your attorney has other “discovery” tools at his/her disposal, which, for example, allow you to demand further documentation or take depositions. Additionally, your attorney may discuss with you the possibilities of retaining other experts, such as private investigators or forensic accountants to help with the investigation.

Jason Cerbone voted Top 10 Best Georgia DUI Lawyers

Jason Cerbone · November 1, 2016 ·

Jason Cerbone voted Top 10 Best Georgia DUI LawyersJason Cerbone Has Been Nominated and Accepted as a Two Years AIDUIA’S 10 Best in Georgia For Client Satisfaction

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

You always plead them non-guilty.

Jason Cerbone · May 1, 2016 ·

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.”

DUI less safe down to reckless driving

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.

Judgment: DUI less safe to reckless driving:

You always plead them non-guilty. DUI less safe to reckless driving - by Jason Cerbone - Savannah, Georgia DUI lawyer

2nd DUI down to reckless driving

Jason Cerbone · March 16, 2016 ·

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.

Judgment: 2nd DUI down to reckless driving

2nd DUI down to reckless driving - Jason Cerbone DUI lawyer

DUI gone. Failure to exercise due care instead.

Jason Cerbone · March 15, 2016 ·

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?

DUI down to Failure to exercise due care in the Recorder’s Court of Chatham County

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?

Judgment: DUI gone. Failure to exercise due care instead.

DUI gone. Failure to exercise due care instead.

DUI charges changed to reckless driving for actress

Jason Cerbone · February 6, 2016 ·

She was driving a Jeep Wrangler on Martin Luther King Jr. Blvd in Savannah, Georgia and was pulled over by the Georgia State Patrol. She didn’t know why. The police officer later wrote in his report that she failed to maintain her lane by traveling over the center line twice with her left side tires. The officer got her out of the Jeep. He said he noticed a strong odor of alcoholic beverage coming from her breath and person. The cop asked her how much she drank, and she told him two drinks. The officer asked her to do field sobriety tests. She did them. She was arrested. She agreed to take the blood test. She took it and later got her results and she was under the limit. But they found drugs in her blood from the test.

In the State Court of Chatham County Georgia, they charged her with O.C.G.A. § 40-6-391(a)(4) DUI less safe (alcohol and drugs); O.C.G.A. § 40-6-391(a)(2) DUI less safe (drugs); O.C.G.A. § 40-6-391(a)(1) DUI less safe (alcohol); O.C.G.A. § 40-6-48 Failure to maintain lane; and O.C.G.A. § 40-6-391(a)(5) Driving with unlawful blood alcohol level. After saving her driver’s license we focused on her criminal case. About a year later we negotiated a good deal with the District Attorney’s Office and she plead guilty to Failure to maintain lane, and Reckless Driving.

Judgment: DUI charges changed to reckless driving for actress

DUI charges changed to Reckless driving for actress

 

Rincon DUI Breath Test Reduced for Aerospace Project Engineer

Jason Cerbone · December 10, 2015 ·

David is an Aerospace Project Engineer. His job title doesn’t go well with a DUI. He was willing to fight his DUI charges at all costs. I was happy to help him. The best thing that he had going for him was that when he was arrested for DUI, he was cooperative and treated the DUI officer well. The police officer even wrote in his DUI arrest report that David, “remained very cooperative and respectful throughout the entire investigation.” So, we had that going for us, which was nice.

David was driving home and was lost in Rincon, Georgia. He was new to town and lived in Port Wentworth, Georgia. The Rincon Police Officer was behind David on South Columbia Avenue. The police officer saw David fail to maintain his lane twice and pulled him over in the Walmart parking lot. The police officer asked for his license and David already had it in his hand for him. The cop wrote in his report that he noticed a “strong odor of alcohol emitting from the vehicle, observed a thick mumbled speech, and glassy bloodshot eyes.” The Rincon Police Officer asked David where he was coming from. David said, “Silverado’s,” a bar and grill in Port Wentworth, Georgia. The officer asked David to get out of his truck. David complied.

The officer asked David if he would do some field sobriety tests to make sure he was safe to drive. David said, “Yes,” and told him he used to be a police Officer for the Department of Defense. David was trained on how to give the Field Sobriety tests, which he was now asked to perform by the Rincon police officer. Another cop pulled up. The police officer gave David all three standardized field sobriety tests: the Horizontal Gaze Nystagmus, the One Leg Stand, and the Walk and Turn. David failed all three, naturally. The officer saw six of six clues on the Horizontal Gaze Nystagmus test. He found two of eight clues on the Walk and Turn and three of four clues on the One Leg Stand.

These field sobriety tests are a bad joke. You should never do them because you will fail and most likely the police officer will think you failed even when you did not. If the police officer asks you to do these exercises he already believes that you are under the influence of alcohol. So it is no surprise that he subjectively feels that you showed signs of being under the influence during your roadside agility tryouts.

The Rincon Police officer arrested David and took him to the Effingham Sheriff’s Office and gave him the breath tests on the Intoxilyzer 9000. David blew a .113 and was charged with O.C.G.A. § 40-6-391(a)(5) DUI – Alcohol 0.08 grams or more; and O.C.G.A. § 40-6-48 Failure to maintain lane. David called me the next day. About six months later we were in the Rincon Municipal Court in Bryan County and David got his DUI charge reduced to O.C.G.A. § 40-6-241 Failure to exercise due care. David is still working in the airline industry, and has no DUI on his record.

Judgment: Rincon DUI Breath Test Reduced for Aerospace Project Engineer

Rincon DUI Breath Test Reduced for Aerospace Project Engineer - Jason Cerbone - Savannah DUI Attorney

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Jason Cerbone 10 Best DUI/DWI Attorneys for Client Satisfaction 2 years in a row - American Institute of DUI/DWI Attorneys
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All Posts

  • So You’re Getting Divorced Continued
  • Nurse’s DUI down to reckless driving
  • Savannah DUI reduced for doctor
  • So You’re Getting Divorced
  • Jason Cerbone voted Top 10 Best Georgia DUI Lawyers
  • You always plead them non-guilty.
  • 2nd DUI down to reckless driving
  • DUI gone. Failure to exercise due care instead.
  • DUI charges changed to reckless driving for actress
  • Rincon DUI Breath Test Reduced for Aerospace Project Engineer
  • Effingham DUI blood test down to Driver to use due care
  • Effingham DUI reduced to Driver to use due care
  • Pooler DUI less safe dismissed
  • It was a loser but we won.
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  • High DUI Breath Test Reduced
  • Jason Cerbone Awarded Ten Best Georgia DUI Attorneys
  • Jason Cerbone Named Top Georgia DUI Trial Lawyers
  • DUI Dismissed at Motion Hearing
  • Bryan County GA DUI Gone for Military Officer
  • Pooler DUI Dismissed
  • DUI under the limit reduced
  • Recorder’s Court DUI Down to Reckless
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  • Nurse gets reckless driving
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300 Drayton ST FL 3,
Savannah, GA 31401
+1-912-236-0595
jason@cerbonelaw.com
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