How does a speeding charge turn into a DUI?
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Usually speeding isn’t a big deal? Right? I was just going a little over and then suddenly you find yourself on the side of the road answering questions about “how much did you have to drink” or “when was your last drink?”
Caution has to be used when we drive, especially at night and in certain areas. It usually goes something like this: You’re driving along at the speed limit on Roswell Road or Pleasant Hill or even I85 or I20. Next thing you see are blue lights behind you.
You pull over and stop and the officer comes to the side of the car and asks, “Do you know how fast you were going?” The speed limit? No I’m afraid it changed when you crossed over “X” road.
Cities (such as Roswell, Johns Creek, Dunwoody, Lawrenceville, Norcross, Alpharetta, Milton, Decatur and others) have what is called speed traps. You cross over a certain area and suddenly the speed drops by 10, 15 and sometimes 20 Miles per hour. Officers literally sit in wait on the side clocking cars to see who either didn’t see the drop in speed or disregarded it.
Next thing you know, you’re answering questions on the side of the road and facing a potential driving under the influence charge.
It doesn’t matter where you find yourself in Georgia (Johns Creek, Alpharetta, Milton, DeKalb County, City of Decatur, Atlanta, Gwinnett County and the list goes on) almost all of the police use speeding enforcement to begin a DUI investigation. This “tool” allows the police to stop a vehicle 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.