Jake is a Gulfstream engineer. His career in the Aviation industry would be gone if he got a DUI on his record. Jake’s life would have been ruined if we gave up. So, I fought Jake’s case like I was fighting for my family. Fighting is the key.
Jake was driving home one night and he sees blue lights and he pulls over. The cop told Jake he paced him doing 70 m.p.h. in a 45 m.p.h. zone. (This is important because Speeding is not one of the twenty-four nightime DUI Detection cues that police are trained to look for in DUI drivers.) Jake had his license ready for the cop before he walked up. Immediately the cop asked him if he’d been drinking. Jake told him three or four beers earlier. Jake does some field sobriety tests on an unlevel highway in the cold 50 degree night in the dark. Jake felt he did the field sobriety tests pretty well. But he was arrested for DUI and he took a breath alcohol test at the police station and blew a .136 breath alcohol test on the Intoxilyzer 5000. During the field sobriety tests and when he blew the breath alcohol test he had chewing tobacco in his mouth. This is a bit of a problem for forensic reliability. The officer did all of the field sobriety tests wrong. Any field sobriety tests instructor would show that. The officer didn’t follow the protocols for giving the breath alcohol test because he didn’t watch Jake for the required 20 minute observation period. He also violated the breath alcohol test protocol by not removing the chew in my client’s mouth while he blew in that machine.
Anyway, I talked to the Solicitor General (the opposing attorney) several times. He is a fantastic lawyer. After showing him some of the problems in this case, he agreed to work this case out. The result:DUI .08 grams or more with .136 breath alcohol test dropped; Speeding dropped; Open container dropped; Failure to maintain lane dropped. Jake plead guilty to Failure to use due care in the State Court of Effingham County Georgia.
Here is what we ended up with: DUI .08 grams or more with .136 breath alcohol test dropped; Speeding dropped; Open container dropped; Failure to maintain lane dropped. Jake plead guilty to Failure to use due care in the State Court of Effingham County Georgia.
DUI .136 dropped for Gulfstream engineer