What We Can Learn From a Buckhead DUI Arrest

By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense

After a accident at a CVS Store in Buckhead, the driver of a vehicle is charged with DUI. According to Fox 5 news, police responded to a crash on Northside Parkway near West Paces Ferry Road on October 27, 2023 after a driver, later identified as Mr. Cadugan, took the off ramp on Interstate 75 then proceeded across 4 lanes of traffic stopping inside the CVS pharmacy. The driver and passenger were taken to the Emergency room of a nearby hospital. The driver was charged with DUI, Reckless Driving and Improper lane change.

This case is different from many DUI arrests in that the police did not actually make a stop of the vehicle. In this situation, the police are called to the scene of an accident. In this scenario, there is no requirement for Reasonable Articulable Suspicion (RAS) in order for the police to investigate the crash. Unfortunately after this crash the driver was charged with Driving Under the Influence and other charges.

Fortunately no one was injured from this incident. Mr. Cadugan could have been charged with Serious Injury by Vehicle or even Vehicular Homicide if something had happened to his passenger.

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.