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