Even officers can face a DUI arrest
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
After a stop by a Peachtree City Police officer, the Chief of Police for the Georgia State University Police Department, Joh Spillane, found himself being arrested for DUI (according to Fox 5 News, AJC, 11 Alive, CBS 46 News channels). The officer stated that he stopped Spillane for Failure to Maintain Lane, one of several approved tactics for the police to use to stop cars and check for a DUI.
All police use some of the various available charges to stop a vehicle, and Failure to Maintain lane is just one that typically leads to a DUI investigation. The scenario is usually you are driving see blue lights and the officer details out the reason for stopping you, or pulling you over, is that he “saw your wheels cross over the line of your lane.” This charge of Failure to Maintain Lane is found in a high percentage of the stops for DUI arrests in Georgia.
After the stop, Spillane begged the officer not to do field sobriety and insisted he was not intoxicated. This is another “clue” that officers use to try and show someone is driving under the influence. The insistence that you are not intoxicated when the officer smells alcohol creates a problem with the story you attempt to give the officer. Once which needs to be in line with the evidence the officer is collecting. In other words if the officer smells alcohol you can’t state you have not been drinking, it simply wont make sense. Of course, along that line the ability to remember the actual number of drinks you have is another key to an officers investigation that they absolutely make a note of for use against you later.
It doesn’t matter where you find yourself in Georgia almost all of the police force use this common charge to begin a DUI investigation including: Johns Creek Police, Alpharetta Police, Milton Police, DeKalb County Police, City of Decatur Police, Atlanta, Police Gwinnett County Police and the list goes on. This “tool” allows the police to stop a vehicle for any “legal” reason and their investigation can lead to to a DUI if they suspect the driver has been drinking or using drugs.
As a result of the Governor’s office of Highway Safety teaming up with various organizations, including the HEAT and TEAM division of local counties, the cops are cracking down on impaired driving.
If you have been accused by the police of driving under the influence then you need help from a trained DUI attorney. Should YOU find that you either don’t want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations. There are facts to every case where defenses can be raised for anyone charged with driving under the influence. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor’s office. Remember that every DUI case is different because not two sets of facts are the same. Application of the above case law to your situation would take examination of the facts surrounding your case and applying this case law properly to create a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of DUI defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
