Why driving habits are important for a DUI arrest
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
When Danny Ware was arrested in Athens while returning to the University of Georgia to complete his degree after his NFL appearances with the Giants and the Titans it was clear that there was an issue that needed attention.
Ware was arrested for Driving Under the Influence, Reckless Driving, Possession of Marijuana and Speeding.
Although speeding is not indicative of someone who is driving under the influence, it is a reason why the police can stop your vehicle. In order for an officer to stop your vehicle that officer MUST have reasonable suspicion that criminal activity is afoot (or happening). In Georgia all moving violations, including speeding and reckless driving, would constitute criminal activity. So, basically, Speeding and reckless driving allow the officer to pull you over and write a citation for either of those charges. When the officer stops you and believes that you may be under the influence of something, the officer can then investigate what he believes is making him suspect you to be a DUI. Keep in mind that you can receive a DUI for more than just alcohol, you can also receive a DUI for Marijuana use as well.
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.
