Late one night in Johns Creek a call was made to the police about a suspicious vehicle located at a house that was not occupied. When the officers arrived on scene one vehicle had already left but another was just driving off with no lights. After a stop by a Johns Creek Police officer, a Johns Creek father, Frank Watson, found himself being arrested for multiple Johns Creek DUI's and for being combative with officers (according to Johns Creek Patch).
All police use some of the various available charges to stop a vehicle. In the scenario above, generally police will explain that they were responding to a call about a suspicious vehicle at an abandoned house. They would normally use this as their reasoning for stopping the vehicle, the legal implications, however, are questionable as according to the story Mr. Watson had already left the premises when the officers arrived. However, in addition to the original charges, Mr. Watson failed to turn on his headlights while driving. This is a violation under Georgia law which allows the officers to stop a vehicle and remind you to turn on your lights (it also is a violation which can result in a citation itself). This type of violation can happen anytime as many people find out. If you frequent any establishment that uses a valet, for instance, they will typically TURN OFF THE AUTOMATIC LIGHT function on your vehicle. If you forget to turn it on, you may find yourself being pulled over by officers too. Watson was also charged with multiple counts of DUI as well. Many people also don't realize that if you have children in your car, and you are charged with DUI, you get multiple counts of DUI, as in one per child. This means that if you have two children in the car, you are facing three different counts of DUI. A conviction on all three means you could be sentenced as a habitual violator.
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, 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 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.