If you have been charged with DUI in Atlanta, it is crucial that you consult a skilled Atlanta DUI Lawyer prior to going to court. A conviction could have serious repercussions for your license, job, and life in general.
Conviction may lead to years of probation, thousands in fines and fees and possible jail time; however, not all cases result in conviction.
1. Mistaken Identity
When faced with an improper DUI charge, it’s crucial for defense counsel to demonstrate that law enforcement or witnesses misidentified their client – this tactic known as an actual innocence defense can help your case immensely.
Gwinnett County, Georgia police arrested actor/singer Jamal Willingham (commonly referred to by his stage name Pimpin) from Dem Franchize Boyz for DUI after stopping him for speeding on I-285. Once taken into custody he underwent field sobriety tests but ultimately failed them both.
He was charged with DUI, reckless driving and going the wrong way on a one-way street, which led to a fatal accident involving another driver from Jonesboro, Georgia – 51 year-old mother/grandmother had an exciting future ahead of her before her tragic demise – her family seek justice in her passing.
2. Improper Arrest
Wrong-way DUI accidents occur frequently and are more likely to occur late at night when signs may not be as visible. Even without being intoxicated, however, such an incident could still result from simple mistakes or distractions which force drivers into oncoming traffic by turning in an unexpected direction.
Gwinnett County police arrested a woman this past week for DUI, driving on the wrong side of the road, and reckless driving after she hit another vehicle head-on and caused an extensive collision which injured two people severely and forced dozens to vacate their apartments this past week. Prior to her crash she admitted drinking alcohol.
She was suspected to be under the influence of drugs at the time of the accident, prompting one officer to call for additional patrol car assistance before seeing the suspect’s vehicle heading south on a one-way street going north, refusing to comply with authorities and belligerently resist arrest attempts by officers utilizing “verbal judo”, an approach they learned at police academy that eventually succeeded in arresting the driver without incident.
3. Reckless Driving
Georgia defines reckless driving as driving with “reckless disregard for persons or property” – this constitutes a serious misdemeanor offense which can carry jail time and fines of at least $500. A conviction could also make finding employment and renting housing more difficult, with four points added onto an individual’s driver license after conviction; these points could ultimately result in losing one both within Georgia as well as any other states where that license holder holds valid credentials.
If a person is charged with SIBV/VH for an act resulting in serious physical harm or death, their charge becomes felony SIBV or VH and prison time becomes their punishment. Most often these types of cases will involve serious traffic accidents that could have been avoided; you can help yourself on the road by actively avoiding dangerous drivers, giving them plenty of space, reporting any behavior to authorities immediately and actively reporting suspicious drivers to authorities.
4. Reckless Endangerment
Reckless Endangerment charges (First and Second Degree) require that a defendant act in such a way that poses an unreasonable risk of serious physical harm to another, with regard to their state of mind at the time. This standard is entirely subjective.
An act of reckless endangerment may incur prison, criminal record and housing restrictions, while it’s also possible that a judge could order compensation for property damages caused by your actions.
Criminal defense attorneys in certain states often utilize this strategy in an attempt to have DUI charges reduced to reckless driving charges, as this appears more favorably on a criminal record than felonies. Unfortunately, however, penalties associated with reckless endangerment charges are very similar to felony offenses; for this reason it requires experienced counsel when defending against this charge.
