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Blood Test

DUI blood test checked and in the end, dismissed

Jason Cerbone · July 16, 2022 ·

Justin is from the Dominican Republic. He was on vacation at Tybee Island with his family (his wife and four kids). He left Tybee after the Parade and got pulled over for Speeding 10 mph over the limit. The Police Officer asked him to get out of his car and immediately asked him if he had consumed any alcohol. Justin told the cop he had about three beers that day several hours ago. The DUI cop shined a flashlight into his eyes and moved it from side to side. The cop asked Justin “Why are you blinking?” Justin said because I wear glasses and the light is bright.

Then the police officer asked Justin to walk back and forth many times. It is supposed to be two times, not many. Then the cop talked to Justin about drinking again. Next, the officer asked Justin to stand on one leg and balance. Justin told the cop he was a military veteran and had knee problems and had recent knee surgery. Justin said it would be impossible for him to balance on a single leg. The cop told Justin: “Do it anyway.” Justin did it. He said it hurt his knees and couldn’t do it. So the cop arrested him for Driving under the influence (less safe)(alcohol), Driving under the influence (Per se), Endangering a child while driving under the influence, and Speeding.

The police officer arrested Justin and left his wife and children on a dark road without lights. After several hours Justin was released and he had to walk back to where his family was stranded in the parked car in the dark. But it was checked and in the end all charges were dismissed in the State Court of Chatham County, Georgia.

DUI less safe, DUI per se, Endangering a child while driving under the influence, and Speeding dismissed in Chatham County, Georgia by Jason Cerbone Savannah DUI Lawyer

Judgment: DUI less safe, DUI per se, Endangering a child while driving under the influence, and Speeding dismissed in Chatham County, Georgia

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DUI charges changed to reckless driving for actress

Jason Cerbone · February 6, 2016 ·

She was driving a Jeep Wrangler on Martin Luther King Jr. Blvd in Savannah, Georgia and was pulled over by the Georgia State Patrol. She didn’t know why. The police officer later wrote in his report that she failed to maintain her lane by traveling over the center line twice with her left side tires. The officer got her out of the Jeep. He said he noticed a strong odor of alcoholic beverage coming from her breath and person. The cop asked her how much she drank, and she told him two drinks. The officer asked her to do field sobriety tests. She did them. She was arrested. She agreed to take the blood test. She took it and later got her results and she was under the limit. But they found drugs in her blood from the test.

In the State Court of Chatham County Georgia, they charged her with O.C.G.A. § 40-6-391(a)(4) DUI less safe (alcohol and drugs); O.C.G.A. § 40-6-391(a)(2) DUI less safe (drugs); O.C.G.A. § 40-6-391(a)(1) DUI less safe (alcohol); O.C.G.A. § 40-6-48 Failure to maintain lane; and O.C.G.A. § 40-6-391(a)(5) Driving with unlawful blood alcohol level. After saving her driver’s license we focused on her criminal case. About a year later we negotiated a good deal with the District Attorney’s Office and she plead guilty to Failure to maintain lane, and Reckless Driving.

Judgment: DUI charges changed to reckless driving for actress

DUI charges changed to Reckless driving for actress

 

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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

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Recorder’s Court DUI Down to Reckless

Jason Cerbone · March 15, 2015 ·

Mr. Anderson was arrested on I-16 by the Georgia Department of Public Safety (a.k.a. Georgia State Patrol). He was charged with DUI – Any combination of alcohol/drugs/toxic vapor/less safe – 40-6-391(a)(4); Speeding in excess of maximum limits 40-6-181; and Failure to maintain lane – 40-6-48. He took a blood test and the results showed an alcohol concentration of 0.089.

DUI Police Report

The DUI Nighthawk Police Officer was operating stationary radar on Interstate 16 when he observed a gold Lexus traveling at a high rate of speed. He pulled over Mr. Anderson for going 75 m.p.h. in a 55 m.p.h. zone. He noted in his report that he immediately noticed an odor of alcoholic beverage coming from my client’s breath. The officer also wrote in his report that Mr. Anderson had glassy bloodshot eyes, slurred speech, and was unsteady on his feet while walking. My client told the cop he had one beer to drink that night. My client agreed to try out the Field Sobriety Tests. On the Horizontal Gaze Nystagmus (HGN) eye test my client exhibited four of six clues. On the Walk and turn test he showed five of eight clues. On the One Leg Stand test he exhibited zero clues. The officer had my client blow into a preliminary breath test on the side of the road. (This is not the real breath test at the station.) The preliminary breath test showed positive for the presence of alcohol. At this point he arrested my client. After my client was placed into the back of the police car, the police officer read the Georgia Implied Consent Notice for Suspects 21 and Over. Mr. Anderson agreed to take a blood test. At the jail, he took a blood test and the results three weeks later showed an alcohol concentration of 0.089.

Recorder’s Court DUI Plea Bargain

In the Recorder’s Court of Savannah, Georgia Chatham County my client plead his DUI charge down to Reckless Driving. The charge for Failure to maintain lane was merged into Reckless Driving. And he plead guilty to Speeding.

Judgment: Recorder’s Court DUI plead down to Reckless Driving

Recorder's Court DUI Down to Reckless Driving - Jason Cerbone - Savannah DUI Lawyer

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Pooler DUI Blood Test Reduced

Jason Cerbone · December 29, 2014 ·

Pooler DUI Arrest

Tony crashed and flipped his truck at the intersection of Benton Boulevard and Mulberry Boulevard in Pooler, Georgia. Tony was arrested by the Georgia State Patrol in Pooler, Georgia. He took a blood test which came back at .208. Tony was arrested for the following four crimes:

  1. DUI Alcohol less safe – 40-6-391(a)(1)
  2. DUI Blood test 40-6-391
  3. Possession of open container in vehicle passenger area – 40-6-253
  4. Failure to stop at a stop sign – 40-6-72(b)

Tony was facing a possible 4 years in jail if he was convicted of these misdemeanor charges. There was no DUI arrest report ever made by the police officer. They prepared an accident report, but no DUI report.

Final Outcome in Pooler Municipal Court

The Georgia State trooper allowed Tony’s DUI charges to be plead down to Reckless driving at the Preliminary Hearing in the Pooler Municipal Court of Chatham County Georgia. The charge for DUI less safe was dismissed. The charge for DUI blood test was reduced to reckless driving.  The charge for Possession of open container in vehicle passenger area was dismissed. The charge for Failure to stop at a stop sign was dismissed. Anything is possible if you fight your DUI blood test or breath test or any DUI charges.

Judgment: Pooler DUI Blood Test Reduced

Pooler DUI Blood Test Reduced

 

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Cerbone 
300 Drayton ST FL 3
Savannah, Georgia 31401
jason@cerbonelaw.com
+1-912-236-0595

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