DUI CHARGES DRASTICALLY REDUCED IN COBB COUNTY
FOR IMMEDIATE RELEASE
- Dismissal of all charges
- $300 fine
- 11 months 29 days of probation
- No jail time
- DUI Per Se
- DUI Less Safe
- Driving Too Fast for Conditions
- Following Too Closely
COBB STATE COURT – The client, a Delta mechanic and US citizen, was charged on November 4, 2017, with DUI Per Se, DUI Less Safe, Driving Too Fast For Conditions, and Following Too Closely. The defendant was driving a vehicle with 2 female occupants in the car with him. They had just left a Chinese restaurant and the client admitted to police he had had “2 small-ass” mixed drinks at his apartment several hours earlier. He allegedly had just caused an accident and had the appearance of being impaired. The client was leaving 285 on the off ramp when another vehicle decided to do the same at the last minute, cutting in front of him. The client hit the other vehicle from the rear, and damaged his car to the point the driver side door would not open until police pried it open.
On the scene the defendant was given the alco-sensor test 3 times. The reading on at least one blow was .20. The client was arrested and refused to submit to the intoxilyzer testing at the station (Cobb Police). A warrant was then obtained for a blood draw. After analysis it showed a blood alcohol level of .19.
The client had had a prior DUI in Minnesota in the 3 years before this case. That was reduced to a Reckless or Careless Driving. Because of that and the BAL reading in this case (.19) the Solicitor would not agree to reduce this case to a Reckless. (I even met with Barry M., the Solicitor General himself, to ask for this). I nevertheless was able to obtain the following plea offer, which the judge felt was remarkable given the client’s record: Plea of Guilty to the DUI-Less Safe, dismissal of all other charges, the minimum fine of $300, 11 months 29 days of probation, no jail, and conversion of the reporting probation to non-reporting probation at 6 months if the client has had no violations. The judge even signed the Affidavit that he qualified for a hardship license immediately (he completed the Risk Reduction course before court), and noted that after 4 months he should be eligible to apply for full reinstatement of his regular drivers license.