DUI Georgia: The license is suspended for refusing to take the breath test

[HTtruth]

My wife was visiting a friend who lives near a local bar. When she got on the highway from the street near the bar a police car followed her for 4 miles to within 2 houses from our house.

We have seen the police tape and nothing the officer put to charges is on the tape. The policeman and his back up are heard saying "I don't think this will hold up in court", "I don't think she is drunk," "get her out of the car see if she staggers" (she did not), "it's up to you", "I'm going to hook her". She doesn't listen to me so I doubt she heard the officer when he read her the DUI card. She refused to take the breath test and field sobriety test as it was in front of our neighbors houses. She planned to take the test at the police station but it wasn't offered even when she requested it.

So her license is suspended for 1 year for refusing to take the breath test. Months later we get all the charges and none of them are visible on the tape. The officer said she went off the road, did not happen, he said she ran a red light, it was a right turn lane that is yield only, he said she went 40 in a 30, he used his radar but the street is not a radar street and he would not show her the speed. She turned down a street and he continued, but then got behind her again at another intersection. If she was speeding why didn't pull her over for speeding right away?

Her lawyer said the solicitor can't find the case. The court clerk says it was delivered to the solicitor. We want to sue the policeman, the police department the police chief and the city for their behavior. This happened on the last day of August, last chance to get your DUI quota.

The tape and the police conversation show no violations.

Her lawyer says we can't get the tape until they file charges. What is this limbo we are in? She was arrested and bonded out but she has no charges?
The government says ignorance of the law is no excuse and the law has no exceptions but they can do anything they want?

Her lawyer says this is good, wait it out. She says I wasn't drinking or drunk or at the bar and I want my license back and the charges off my mind and record. What do you do?

I have been in the area where the pursuit began late at night. The local police run a race track pattern with 4-5 cars making U turn after U turn to stay near the bar. They pounce on any car leaving the bar and pull them over for any reason then do the same to them as they did to her. The officer assumed she was at the bar but she was not. The friend is a single parent with a young motherless boy who likes my wife. He gets lonely and will call her late at night. She feels sorry for him and will look after him. Sounds weird I know but it is the truth.

[judg4]

If you can convince your solicitor you can ask the court to close the case or force action to be taken--you may want to let sleeping dogs lie--or you can push to resolve or end it.

If she wasn't drunk, she should have taken the breath test. That was stupid.

They passed that law so drunks couldn't put off and put off the test so they could try to sober up.

For anyone who might read this - if you really aren't drunk, then take the test. if not you will lose your license for a year.

However, if you are drunk well. . . . losing your license for a year might look real good compared to the alternative.