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Judge Donny Peppers beats DUI charges reduced to failure to exercise due care |
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Tuesday, 24 July 2007 |
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Georgia State Court Judge Donny Peppers obtained an excellent result on
Friday, July 20, 2007 on his DUI charges in Fort Oglethorpe. He
was able to negotiate the charges down to failure to exercise due care
commonly known as distracted driving typically reserved for cell phone
violations. His punishment was consistent with a typical first
lifetime DUI sentence but without the stigma of a DUI conviction
attached. Failure to Exercise Due care carries three points and
is an excellent resolution of DUI charges for DUI Defendants.
The State receives a DUI sentence and fine and the client's record
remains relatively unmarred. In the profession, this deal is
commonly referred to as a "South Georgia Reckless." The State was
apparently unable to carry its burden of proof beyond a reasonable
doubt. The Judge was accused of weaving and having an alcohol
content of 0.16, but as this case shows those tests are just not
reliable, subject to operator error, and can result in inaccurate
results for some individuals.
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