What we can learn from Cobb County Solicitor’s arrest for DUI
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
After a stop around 11:30 PM on March 11, 2021 by Cherokee County DUI Task Force, the Cobb County Solicitor General, who prosecutes misdemeanor DUI cases, Barry Morgan, found himself being arrested for DUI. According to news networks Fox 5, AJC, 11 Alive, CBS 46 and others the Cherokee County Deputy stated that he stopped Morgan for failure to maintain lane. Failure to Maintain Lane is one of several approved tactics for the police to use to stop cars which may then lead to a DUI arrest.
All Almost all of the police use some tactic to stop a vehicle and use that stop to check drivers for DUI. The scenario is usually you are driving and see blue lights behind you. Except this DUI officer is behind you and not someone else. As he comes up to the window of your vehicle he asks “do you know why I stopped you?” Before you know it, his next statement is “have you been drinking?” Relying on the smell of alcohol which is coming from you or your passengers, the officer asks you to exit the vehicle and now you are taking roadside Field Sobriety testing to determine if this officer now wants to arrest you for DUI. This “tool” allows the police to stop a vehicle for any “legal” reason and their investigation can always lead to to a DUI if they suspect the driver has been drinking or using drugs.
These vehicle stops, in this situation, may result in a arrest for a DUI. It doesn’t matter where you find yourself, these evaluations are tough and the interaction can result in a DUI such as a Johns Creek DUI, Alpharetta DUI, Milton DUI, DeKalb County DUI, Atlanta DUI, Gwinnett County DUI and the list goes on. You can literally be anywhere and end up participating in these DUI Checkpoints. There is also a lot of participation across departments for these checkpoints. Especially in Forsyth County/Cumming area, you may find the DUI Taskforce participating with the Georgia State Patrol DUI taskforce (or “GSP nighthawks”). Keep in mind that these “DUI Teams” can also work together or alone for not just DUI stops but for DUI investigations such as the DUI Field Sobriety examinations on the roadside.
Georgia State Patrol has determined that with certain events and at certain times of year they see a increase in the arrests for DUI. Typically at parties, especially with COVID causing people to loosen up when they go out, some people have forgotten that they need to monitor themselves and their alcohol consumption. Some people however end up remembering more than just a good party. With everything that goes on, some either lose track or don’t keep count of their alcohol intake. With police being aggressive, or more aggressive, for Driving Under the Influence arrests, it means that more people are finding themselves the subject of a late night rendezvous with the police. 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.
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.