After a stop by a Henry County DUI Police officer, a Assistant Police Chief for the City of Clarkston, a city in DeKalb County, Thaddeus Brown, found himself being arrested for DUI. The Henry County DUI officer stated that he stopped Brown for Open Container, DUI Less Safe and Failure to Obey Traffic Signal which one of several approved tactics for the police to use to stop cars and check for a DUI. [AJC]. Former Police Chief Brown was arrested on Friday September 6 for the DUI and then tendered his resignation after over a decade of work on the force.
All police use some of the various available charges to stop a vehicle, and Failure to Obey a Traffic Device is another method that typically leads to a DUI investigation. The scenario is usually you are driving see blue lights and the officer details out the reason for stopping you, or pulling you over, is that he “saw you fail to obey a traffic light or instruction for the intersection.” This charge of Failure to Obey Traffic Device is found in a high percentage of the stops for DUI arrests in Georgia. The Henry County DUI officer reported that Brown turned right on Red at an intersection where it is prohibited. Where it is prohibited, you cannot turn right on red at an intersection. It is an instant reason for an officer to stop your car as it falls under Failure to Obey traffic device (O.C.G.A. 40-6-20).
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 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.
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.