learning from DUI arrest
By Attorney Michael Barber
According to Spot on Georgia, Newsbreak, and the App Media newspaper, in November, a Forsyth County officer stopped a Roswell citizen on I-400 southbound for, according to the report, nearly striking another vehicle, weaving in and out of lanes. Upon approaching the vehicle, the officer stated that he smelled an overwhelming smell of alcohol. The officer conducted field sobriety evaluations and arrested the driver for Failure to maintain lane, windshield violation, possession of open containers of alcohol, and DUI.
The Forsyth County Deputies reported this incident, and the investigation is still ongoing. There are many things that this driver was pulled over for, but the key is – what drew the officer’s attention to this individual. According to the report, the driver was recklessly weaving in and out of lanes and almost colliding with another vehicle. In itself, there are several code sections that cover these assertions, and they are Reckless driving, which is codified under O.C.G.A. 40-6-390, Failure to Maintain Lane under O.C.G.A. 40-6-48 and the window tint violation under O.C.G.A 40-8-73.1.
Officers only need one reason to stop your vehicle. The charge of Reckless Driving falls under O.C.G.A. § 40-6-390 and entails “any person who drives a vehicle with reckless disregard for the safety of others.” This driver is lucky as he could have been charged with something else, like vehicular homicide, if he had collided with the vehicle. The officers said that he almost died. Vehicular Homicide falls under O.C.G.A. § 40-6-393 and entails “any person who without malice aforethought causes the death of another person through the violation of 40-6-163, 40-6-390 or 40-6-391 or 40-6-395 commits the offense of homicide by vehicle and shall be guilty of a felony which is punishable by no less than three years and no more than 15 years in prison.” Lastly, the window tint violation. This violation basically gives an officer free rein to stop a vehicle if he reasonably thinks that the tint on your windows is out of code, meaning that it is too dark. Another way you can violate this statute is by cracks or chips in your front windshield, not to mention having full tint on your front windshield. Couple with these charges that the police are arresting the driver for being impaired (or intoxicated), now you have to add all the complications of DUI (O.C.G.A. § 40-6-391) and its investigation into the mix. This means that there will be enhancements to the sentencing guidelines if that driver should be found guilty of the DUI.
It doesn’t matter where you find yourself in Georgia. Almost all police forces are ramping up their investigations of DUI, including Johns Creek Police, Alpharetta Police, Milton Police, DeKalb County Police, City of Decatur Police, Atlanta, Police Gwinnett County Police, and so on. Many traffic investigation “tools” allow the police to stop a vehicle for any “legal” reason, and their investigation can lead to a DUI if they suspect the driver has been drinking or using drugs.
In addition, due to the Governor’s office of Highway Safety teaming up with various organizations, including the HEAT and TEAM division of local counties, the cops have been cracking down on impaired driving since the pandemic.
If the police have accused you of driving under the influence, then you need help from a trained DUI attorney. If you don’t want to face the court alone or feel that you need help from an attorney, 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 differs from the others and requires evaluating all the information to mount a defense and effectively negotiate with the proper attorney.
Spot on ga- https://spotongeorgia.com/northeast-ga-mountains/2104876/roswell-driver-cited-for-dui-on-ga-400.html
newsbreak- https://www.newsbreak.com/roswell-ga/3266892662493-roswell-driver-cited-for-dui-on-ga-400
AppMEdia Public Safety- https://www.appenmedia.com/public_safety/roswell-driver-cited-for-dui-on-ga-400/article_fb881fbc-992f-11ee-add3-57ee89aadea2.html
