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A Driver’s call to the police after crashing vehicle results in a charge of DUI

Posted by Michael D. Barber | May 14, 2021 | 0 Comments

Around April 9, 2021 according to the Roswell Police Department a woman placed a phone call to the Johns Creek Police Department when her vehicle started sinking into a local water treatment pond along the Chattahoochee River in Johns Creek.  After the mix up with the police and shortly after arrival on scene, the Roswell Police Department charged and arrested the driver with DUI according to the Atlanta Journal and Constitution.

The  charges that the driver faces are DUI. However, the driver can also be charged under O.C.G.A. 40-6-390, Reckless Driving as well as O.C.G.A. 40-6-48 Failure to maintain lane since the vehicle left the roadway and ended up in a body of water.  Both of those charges are among various indicators that the police use as a support charge for someone who is driving under the influence. However, it is also a reason why the police can stop your vehicle. Always remember that in order for an officer to stop your vehicle that officer MUST have reasonable suspicion that criminal activity is afoot (or happening). Moving violations, such as the ones mentioned above would constitute criminal activity.

Once on scene the officer can then assess whether that officer believes alcohol helped you end up in your position. Here, in this case, there was no need for the “criminal activity” that is usually required for the officers to be on scene and perform their investigations. When you call the police and they show up, they are going to assess the situation to determine, in this case, the cause of the accident.

About the Author

Michael D. Barber

Michael's training as both a prosecutor and defense attorney gives him the ability to interpret what the other side is considering and thinking in regards to a clients case. Working for his family law firm in Dunwoody, Georgia familiarized Michael with Debt Collection, Contracts and Agreements, ...

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