Wyatt is a top-level Gulfstream Engineer and he needed to beat this DUI to keep his job. He was charged with Driving Under the Influence (DUI) – 40-6-391, and Speeding. We were ready for the jury trial. The field sobriety test expert witness came to Savannah, Georgia the night before. This case had been rescheduled several times, and Wyatt wanted this case to end. When I walked into the courtroom that day, the police officer was not there. The Assistant District Attorney asked the judge for a continuance. The judge looked at me and asked if I had any response.
I objected to a continuance, because Georgia law says that a continuance shall not be granted to the State, except upon a reasonable showing therefore. The State must first show that they filed a formal and proper motion. The Chatham County Assistant District Attorney in this case didn’t file anything. My client hired an expert witness to show the jury why the field sobriety tests in this case were bad. Our expert is from Atlanta, Georgia and he came to Savannah last night for this trial. If this case is continued Wyatt will have to hire and pay the expert witness all over again. That would be a total waste of money. We are ready for trial. We object to continuance. We ask you to dismiss this case for lack of prosecution.
The Chief State Court Judge dismissed the DUI charge and the Speeding charge. We won. It was 10:00 a.m. and this case was over. Wyatt and I walked out of the State Court of Chatham County and went and ate a nice breakfast.