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Charged with DUI after a fatal accident

Posted by Michael D. Barber | Mar 12, 2019 | 0 Comments

A man was traveling through the intersection at hurricane shoals road on 316 when he rear ended a vehicle and was then charged with a Gwinnett County DUI under O.C.G.A. 40-6-391 according to the Gwinnett Post. The man, Michael Hall, was in possession of Marijuana and Methamphetamine and admitted to the police that he had consumed Marijuana some time earlier.

Many people don't realize that Alcohol is not the only way you can get a DUI charge. You can also receive a Driving Under the Influence charge for either Marijuana or Methamphetamine usage under the statute which covers the criminalization for driving while intoxicated. The state statute covers all of Georgia for DUI. Under the statute it is illegal to take any substance and drive under the influence. This doesn't mean its illegal to drive it means its illegal to be under the influence of these substances while you drive. The testing which covers Marijuana is referred to as Advanced Roadside Impaired Driving Enforcement which is the testing that is just above the alcohol version which is called Standardized Field Sobriety Testing. The series of tests for drugs, including methamphetamine, is Drug Recognition Expert. These levels of testing require training which is usually given to the officers at the Georgia Public Safety Training Center (or GPSTC).

By Having either of the substances of Marijuana or Methamphetamine on him made him subject to prosecution by the state under possession charges for either Possession of Less than an Ounce under O.C.G.A. 16-13-2 or for Felony possession for marijuana if over an ounce and for the Methamphetamine (or meth) under O.C.G.A. 16-13-30.

Of course should YOU find yourself in a situation where you are facing criminal charges remember that there are facts to every case where defenses can be raised for anyone charged with the crimes of DUI or Violation of Georgia Controlled Substances Act (VGCSA), Possession of Marijuana or Possession of Methamphetamines. 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 case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating 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 lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.

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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