How a speeding ticket on GA 400 turned into a DUI arrest
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
On October 13, 2019 a Volvo was “clocked going 131 MPH on Georgia 400 by a officer with the City of Alpharetta Police Department. Initially this was a simple speeding ticket, but the driver then accelerated after the Officer attempted to stop him. The officer gave pursuit at more than 120 MPH. When the driver of the volvo exited the ramp at McFarland on Georgia 400 he lost control of the vehicle and crashed into a concrete embankment, which ended the chase. The driver of the Volvo next found himself being arrested for Driving Under the Influence, Open Container, Reckless Driving, speeding and Fleeing and Eluding from law enforcement.
All police use some of the various available charges to stop a vehicle, and speeding is just one that can typically lead 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, as one of the following “I clocked you at “X” amount of speed which is more than the posted speed limit, were you aware you were speeding” Speeding citations are found in a high percentage of the stops for DUI arrests in Georgia.
In this particular situation, after the initial encounter with police, the driver of the volvo accelerated, increasing his speed. Something that many drivers don’t realize is that if you are traveling at more than 30MPH over the speed limit, it is the officers discretion as to whether or not you are taken to jail for this charge alone. However, the more pressing issue for this driver is actually two fold. First, the officer charged this driver with Fleeing and eluding. When this charge is combined with either DUI or Speeding in excess of 20 MPH it can become a felony under Georgia Statute/Law. The officer also charged this driver with Reckless Driving and open container. These charges, when taken “all together” are “clues” that officers use to try and show someone is driving under the influence. The, alleged, inability to control a vehicle is another key to an officers investigation that they absolutely make a note of for use against you later.
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, City of 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 no 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.