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How a DUI ends up more severe with possible felonies

Posted by Michael D. Barber | Feb 07, 2020 | 0 Comments

One man found himself in a situation that he didn't care for after it was all over. After drinking at a bar, not paying his tab and then being pulled over by officers, Branden Ferguson then found himself being stopped and charged with a DUI. His eventful nights, however, didn't end with just a DUI. After the stop by officers, Ferguson then picked a fight with the officers . . . and lost the fight. This resulted in charges of simple battery against an officer as well as obstruction and a count of criminal theft.

The officers found Ferguson using the description of his vehicle and located him at a restaurant, where he refused to pay for his meal.This simple search lead officers to his location. After finding him, he then picked a fight with the officers. Mr Ferguson clearly thought that if someone doesn't treat him correctly, and is picking on them, then a little "push back" should be acceptable to "correct the unwanted behaviour." Just to make a point that “I won't be treated like this.”

This type of behavioral correction may be acceptable for family matters, but not for the general public and definatiley not against an officer. Many people don't realize that the crime of Simple Battery can happen to anyone, and in this example, including the spouse of elected officials. The offense of Simple Battery is defined by the statute from O.C.G.A. 16-5-23 and Battery is defined in O.C.G.A. 16-5-23.1. In part, these statute states that a person commits the offense of simple battery when they intentionally make physical contact of insulting or provoking nature or causes harm to another. In this example when Ferguson picked the fight with the officers he committed a battery on that officer, which can be charged as a felony along with the obstruction charge. When he was charged with obstruction of an officer, that charge can be given as a felony as well..

Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery or Battery. 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 prosecutors office.

Have you been arrested for DUI, Battery, Simple Battery, Assault or Aggravated Assault?

It doesn't matter where you find yourself in Georgia all of the police force use these charges to begin a investigation including: Johns Creek Police, Dunwoody Police, Alpharetta Police, Milton Police, Norcross Police, DeKalb County Police, Duluth Police, Atlanta Police, Brookhaven 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 Georgia State Patrol Nighthawks, 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, battery, aggravated assault, theft, or obstruction\then you need help from a trained 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 case whether DUI, Battery, Assault or any charge, each one is different because no two sets of facts are the same. Application of both case law and statutory law to your situation would take examination of the facts surrounding your case and applying this knowledge properly to create a well mounted defense for YOUR arrest.

Our office has 24 hour response lines and can answer your questions and help you. Give our team of defense 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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