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Effingham DUI blood test down to Driver to use due care

Jason Cerbone · December 9, 2015 ·

A Deputy for the Effingham County Sheriff’s Office was told to be on the lookout (BOLO) for a gray van who is a possible drunk driver (my client). The deputy got behind a grey minivan just north of McCall Road South on Highway 21 South. The Deputy wrote in his report that the van crossed a lane and then he pulled the van over. My client stopped at the deputy’s direction.

The Deputy wrote in his police report that at the window my client was difficult to understand. She said she had two beers that night, and she was also taking a prescribed medication. The Deputy asked my client to come outside and do some field sobriety tests. My client did as instructed. They did the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand on my client. She failed these exercises with flying colors according to the police officer’s report. They asked her to take a blood test and she consented. The Effingham County Sheriff’s Office arrested my client and charged her with DUI, DUI less safe, and Improper Display of License Plates.

In the State Court of Effingham County my client got a great plea. She plead guilty to Driver to use due care O.C.G.A. § 40-6-241. The charges for DUI, DUI less safe, and Improper Display of License Plates were dismissed by the Solicitor General.

Judgment: Effingham DUI blood test down to Driver to use due care

Effingham DUI blood test down to Driver to use due care by Jason Cerbone - Savannah DUI lawyer

Effingham DUI reduced to Driver to use due care

Jason Cerbone · December 8, 2015 ·

Kira was driving on Highway 17 South in Guyton, Georgia. An Effingham County Sheriff’s Officer clocked her going 69 miles per hour in a 45 miles per hour zone. She turned off the road and parked in a driveway. The police officer parked behind her and turned on his blue lights. The police officer wrote in his report that he approached her car and Kira refused to look up and explained that she was lost, and continued to play on her cell phone. The officer smelled a strong odor of alcohol and a mint. He asked her if she drank. Kira said she had a few drinks but it shouldn’t be a problem. She continued to rationalize why the deputies had no reason to investigate any further.

The Officer asked her to step out of her Mercedes and do some field sobriety exercises to see if she was a safe driver. Kira did as commanded to do. The officer only did one of three Federal mandated tests. He chose to do the Horizontal Gaze Nystagmus (eye exercise) and he said that Kira showed clues. He didn’t write in his report which clues or how many clues he saw. She was arrested by the Effingham County Sheriff’s Office for Speeding in excess of maximum limits (69 miles per hour in a 45 m.p.h. Zone) – 40-6-181, and Driving under the influence – Refusal (1st offense) – 40-6-391(a)(1).

Driver to exercise due care – 40-6-241

“A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.”She plead guilty to Driver to exercise due care – 40-6-241. It’s as if the DUI never happened.

Judgment: Effingham DUI reduced to Driver to use due care

Effingham DUI reduced by Jason Cerbone the Savannah DUI lawyer

Pooler DUI less safe dismissed

Jason Cerbone · December 7, 2015 ·

DUI Roadblock Checkpoint in Pooler

Gibson was driving home at 1:00 a.m. on I-16 going towards Pooler. He took the off ramp from I-16 West to Pooler Parkway. He saw there was a roadblock police checkpoint and he drove up to it. The Roadblock was run by the Georgia State Patrol DUI Law Enforcement. The officer walked up to Gibson’s window and immediately smelled a strong odor of alcohol on his breath. So, he told Gibson to get of his Lexus.

The DUI officer then set in and asked “How much have you had to drink this evening?” Gibson, said “Just a couple earlier.” The DUI police officer asked Gibson to take some field sobriety tests and he agreed. The Horizontal Gaze Nystagmus test was the first one my client did. The police officer said my client showed six of six clues on that test. In other words, he failed the eye test. The officer held up a device with a tube and asked Gibson to blow in a preliminary breath test out there on the road. Gibson did not. He refused the Preliminary Breath Test. And that was it.

The Georgia State Patrol officer placed Gibson under arrest for DUI less safe (Alcohol) 40-6-391(a)(1). Next he cuffed my client and put him in the back of his patrol car on the Pooler Parkway. And then he told Gibson to listen up and he read him the Georgia Implied Consent Notice from the bright orange card. He asked Gibson to take a breath alcohol test. Gibson said, “No.” The Pooler Police had his girlfriend blow in the preliminary breath test and decided to let her drive Gibson’s Lexus home.

Gibson is a helicopter pilot and he got arrested for DUI less safe in Pooler. If he was convicted or plead guilty to this DUI less safe in Pooler, Georgia it would have been his second DUI within five years. He would be facing serious jail time among other things. In the Pooler Municipal Court at the Preliminary Hearing Gibson’s DUI less safe from the Roadblock was dismissed in open court. There were various problems with this arrest. The Police officer acknowledged the issues and the case was dismissed in front of the judge that day.

Judgment: Pooler DUI less safe

Pooler DUI less safe dismissed by Jason Cerbone DUI Lawyer Savannah, Georgia

It was a loser but we won.

Jason Cerbone · December 5, 2015 ·

It was a loser. But we won. So…my client works at Gulfstream and is very good at what he does. He has never been charged with anything in his life. This was the first time he was arrested for a DUI. So, that was good. Anyway, I remember the day that I got the video and I thought Jeezo Chrise…how am I going to win this one? Gulfstream was hammered. If anyone watches this video, we are screwed. But, there was one thing.

Gulfstream was pulled over on I-16 leaving downtown Savannah. He was stopped by the Savannah Metropolitan Police Department (SCMPD) for Speeding and Improper lane change. But the SCMPD didn’t write him a ticket. Not a single ticket. He called a Georgia State Patrol Nighthawk DUI Police Officer and about 30 minutes later the Nighthawk showed up. The field sobriety tests were just awful. When my client talked it was not good. I was interested in the things that are not on the video. That 30 minute wait was a problem. But it was a gamble. So we gambled.

After we had gone to the Recorder’s Court of Chatham County and it was continued about five different times, I noticed that the Savannah Police Officer was never there. I requested records from his department, and I never got anything. So, I told Gulfstream that his best shot would be in front of a judge alone. This case was not good for a jury trial. So we kept it in Recorder’s Court and scheduled it for a bench trial. Our best shot to win would be if the Savannah Police officer didn’t show up.

The day came. The Georgia State Patrol Officer was ready as always. The Savannah Police officer wasn’t there, and we start. As soon as the Nighthawk started testifying about why my client was stopped I objected to Hearsay and Confrontation Clause problems, and lack of personal knowledge. The Assistant District Attorney asked the Court if this was the trial. The judge realized that the prosecutor didn’t know this was the bench trial. So he stopped the case and reset it to another day so the State could properly prepare. Finally, we had a bench trial, and on that day none of the police officers showed up. I asked the prosecutor if she would allow my client to plead guilty to the lesser charge of Reckless Driving and she said, “Yes.” Well, I hope that the judges don’t read my blog.

Judgment: It was a loser but we won

It was a loser but we won.

DUI reduced to Reckless Driving for Contractor

Jason Cerbone · December 3, 2015 ·

Caleb was pulled over by a Georgia State Patrol DUI Nighthawk on I-16 for speeding (71 m.p.h. in a 55 m.p.h. zone) at 3:56 a.m. Nighthawk wrote in his report that he smelled “the odor of an alcoholic beverage in the vehicle.” Nighthawk opened the truck door and told Caleb to step outside. Caleb did as instructed. Nighthawk wrote that Caleb’s “eyes were watery and bloodshot and his speech was slow and slurred.” He asked Caleb how much he drank, and Caleb said he had three drinks with the last one over an hour ago. And then the conversation goes like this.

Nighthawk: “Do you have any weapons on you?”
Caleb: “No sir.”
Nighthawk: “Do you think you have had too much to be driving?”
Caleb: “No sir.”
Nighthawk: “Any weapons on you?”
Caleb: “No.”
Nighthawk: “Any weapons in the truck?”
Caleb: “No.” (Nighthawk frisks Caleb for weapons)
Nighthawk: “Marijuana?”
Caleb: “No.”
Nighthawk: “Weapons?”
Caleb: “No.”

Nighthawk then got Caleb to do some Field Sobriety Tests, (a.k.a. Roadside Agility Tryouts). He did the eye exercise (aka Horizontal Gaze Nystagmus,) and the Walk and Turn exercise. Nighthawk asked Caleb to do a Preliminary breath evaluation on the side of the road, and Caleb said, “No.” At that point Nighthawk arrested Caleb for DUI less safe § 40-6-391(a)(1) and Speeding in Excess of maximum limits § 40-6-181. Nighthawk cuffed Caleb and placed him in his car and read the Georgia Implied Consent Notice, and asked Caleb if he would take a breath test. Caleb said, “No.” He refused to take the breath alcohol test.

Caleb showed none of the 24 possible DUI Detection clues for driving. Speeding is not one of the 24. He drove perfect. During the personal contact phase, the Nighthawk found four clues: bloodshot eyes, odor, admission of drinking, and slurred speech. On the video there was no slurred speech. Caleb walked fine. Caleb had normal natural movements. He looked good.

During the Horizontal Gaze Nystagmus exercise the Nighthawk held the stimulus way too high, well above his head, for 61% of the time. This invalidated the whole exercise. Nighthawk also did the passes too fast. The speed he did each clue invalidated the eye exercise.

Nighthawk had Caleb do the Walk and Turn exercise wearing flip flops. He told Caleb that he didn’t have to do the One Leg Stand because he was wearing flip flops. He said, “Flip flops are not good shoes.” I agree. The 2013 Field Sobriety Manual says that if someone is wearing flip flops or platform shoes, give them the opportunity to take them off. Nighthawk didn’t do this. He had Caleb do the walking exercise in flip flops. This invalidated the Walk and Turn.

Under Georgia law drinking and driving is not illegal. Driving with a blood-alcohol content above .08 is illegal. Driving while you are under the influence of alcohol to the extent you are a less safe driver is illegal, but drinking and driving itself is not illegal. This case would have been perfect for a Jury trial. We were ready to do that. But, the Prosecutor gave Caleb an offer to plead guilty to Reckless Driving and that it what he did. This is a win in my book.

Judgment: DUI reduced to Reckless Driving for Contractor

DUI reduced to Reckless Driving for Contractor

High DUI Breath Test Reduced

Jason Cerbone · November 23, 2015 ·

I was in Italy when I got the call. She was a nice woman and a Captain in the U.S. Army. She felt remorseful, and stressed. She was rather concerned and wanted to get rid of her DUI charges. I helped her by preparing her letter to request a license suspension hearing and save her driver’s license. I did it on the train from Venice to Cinque Terre.

The Pooler Police Officer wrote in his police report that she failed to maintain her lane and then she parked her 2015 white Mercedes Benz on the side walk. She smelled of alcohol and the cop asked her to do some Field Sobriety Tests. Naturally she failed those and was arrested. The Pooler Police arrested her for DUI/Alcohol – 40-6-391(a)(5); DUI less safe – 40-6-391(a)(1); Failure to maintain lane – 40-6-48; and Open container – 40-6-253. She was crying, and hyperventilating (like woman do when they are arrested for DUI) and then she took a breath test. She blew a .170 on the Intoxilyzer 9000.

Eventually, she plead both of her DUI charges down to Failure to use due care. The charge for open container was changed to driving too fast for conditions. The Pooler Police officer is the real reason for her success. He is an admirable man and he was willing to work with me on this case for this woman.

Judgment: High DUI Breath Test Reduced to Failure to exercise due care

High DUI Breath Test Reduced for Failure to use due care

 

 

Jason Cerbone Awarded Ten Best Georgia DUI Attorneys

Jason Cerbone · November 12, 2015 ·

Cerbone makes top DUI lawyer lists in Savannah Morning NewsTop DUI Lawyer

Cerbone makes top DUI lawyer lists. The National Trial Lawyers announced that Jason Cerbone has been selected for Top 100 Criminal Defense Trial Lawyers in Georgia. The American Institute of DUI/DWI Attorneys also recognized Cerbone as a 2015 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. This was printed in the Savannah Morning News.

See Jason Cerbone makes top DUI lawyer lists in Savannah Morning News

The American Institute of DUI/DWI Attorneys (AIDUIA) has recognized the exceptional performance of Georgia DUI Attorney Jason Cerbone. Cerbone is AIDUIA’s 2015 10 Best DUI Attorneys 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 2015 AIDUIA Member.

Original press release: Jason Cerbone Awarded Ten Best Georgia DUI Attorneys

American Institute DUI Attorneys Press Release Jason Cerbone DUI Lawyer

Jason Cerbone Named Top Georgia DUI Trial Lawyers

Jason Cerbone · November 11, 2015 ·

The National Trial Lawyers is pleased to announce that Jason Cerbone of Cerbone DUI Defense in Savannah, Georgia has been selected for inclusion into its Top 100 Criminal Defense Trial Lawyers in Georgia. This is an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only. It is limited to the top 100 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in their area of the law, specifically criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Jason Cerbone by The National Trial Lawyers: Top 100, Mr. Cerbone has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 100 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

Contact: Andrew Findley

AFindley@TheNationalTrialLawyers.org

866-665-2852
To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.

Official Press Release for Jason Cerbone Top 100

Jason-Cerbone Top 100 DUI Trial Lawyers

DUI Dismissed at Motion Hearing

Jason Cerbone · August 9, 2015 ·

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.

The Georgia State Patrol officer wrote in his report that the black BMW had an inoperable headlight when he 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.”

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.

Judgment: DUI Dismissed at Motion Hearing

DUI Dismissed at Motion Hearing - Jason Cerbone DUI Lawyer

Bryan County GA DUI Gone for Military Officer

Jason Cerbone · May 6, 2015 ·

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

Richmond Hill dui to due care - Jason Cerbone Savannah DUI Lawyer win

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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
Jason Cerbone Top 100 DUI & Divorce Trial Lawyers - The National Trial Lawyers
Jason Cerbone Member National Association of Criminal Defense Lawyers
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Savannah, GA 31401
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