She was a foreign national student at the Savannah College of Art and Design (S.C.A.D.) She was charged with DUI unlawful blood alcohol level as a minor – 40-6-391(K)(1); Driving without tail lights; and No permit. She had a DUI breath test of .061% blood alcohol level and the Georgia DUI law says if she had .02 blood alcohol level or more, she’s guilty.
She was pulled over by a Savannah Chatham Metropolitan Police Officer for No taillight. He let her go. He didn’t even bother writing her a warning. Minutes later, she was pulled over again by a Georgia State Patrol DUI cop and got arrested for DUI, and was taken to the chatham county jail. She blew in the breath apparatus two times. The first DUI breath test showed her blood alcohol level at .063 and the second showed her blood alcohol level at .061
We went after the cop who stopped her first. Obviously, the first stopping officer wouldn’t have let her go if he thought she had alcohol in her body. She was pulled over for a broken taillight. She pulls over normally. She uses her emergency flashers. No slurred speech noted. She exits her car normally. She didn’t have a drivers license because she is from another country. She told the cop she had one drink about three hours ago. She is well spoken….Articulate. The observation period for the breath test was violated. The government broke their own rules. And the machine’s records that we subpoenaed showed a broken breath apparatus.
So we filed a Demand for Speedy Trial and and went for them fast. Of course, we told them nothing. At the Pre-Trial Conference Hearing, one week before the trial, the Prosecutor gave my client an offer to plead guilty to something other than DUI. She said Yes.
It is only in doing it that it can prove to be impossible. How do you know it is impossible until you have tried it? If everybody said it is impossible where would you be? Where would we all be if you just said “Impossible?”
I have seen enough lawyers to whom all DUI blood alcohol level test trials were impossible. In the State Court of Chatham County in Savannah, Georgia she plead the DUI breath test down to Failure to use due care, and No Permit.
Judgment: DUI breath test win for SCAD student
