 Not using an experienced Atlanta DUI attorney can really hurt you
Lawyers who don't specialize in DUI don't know all the many defenses that can be used in a DUI case. Here are seveal defenses that are commonly missed by inexperienced Atlanta attorneys:
Not Challenging Stops
The arresting officer must follow certain rules when stopping a car.
Many lawyers FAIL to verify if all the rules were followed.
1. Failure to question arresting officer’s "reasonable suspicion" for the stop.
The United States Supreme Court says an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, the DUI charge must be dismissed. Not all lawyers keep up with valid stop reasons and can get caught not paying attention. For instance, a once-common reason for a stop used to be “weaving within the lane.” This has been determined not to be illegal, yet is a defense a poorly prepared lawyer may not know.
2. Failure to question if the basis for the stop is listed in National Highway Traffic Safety Administration (NHTSA) police training materials as an indicator for an impaired driver.
Many lawyers miss this issue because they have not taken classes on detecting and stopping DUI drivers. These readily available classes are taught by former law enforcement officers and are the exact same classes taught at the state and local police academies. While there are several listed “cues” that account for a greater probability a driver is impaired, the reason a particular driver was stopped may not be on this list.
3. Failure to question arresting officer’s use of “Changing lanes without a signal” as the basis for the stop.
Many lawyers believe changing lanes without signaling is a traffic violation in and of itself. Well, in Georgia, this is not true. A driver is only required to signal if there is other traffic nearby. Most DUIs occur very late at night when the police cruiser is the only other vehicle around.
4. Failure to question an anonymous citizen’s tip of drunk driving as the basis of the stop.
Now that just about everyone has a cell phone, more and more suspected drunk drivers are being pulled over based on a 911 call from a citizen. Georgia law requires an officer to obtain “sufficient corroborating evidence” from a caller such as who the caller is and why he thinks someone is driving while intoxicated, before stopping a vehicle. Then, the officer must personally see the weaving himself, or the stop may be invalid and the DUI dismissed.
Atlanta DUI Lawyers Clark & Towne
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David Clark's book "101 Ways to Beat a Marijuana Charge in Georgia" is a comprehensive guide to getting out of a marijuana charge in Georgia. Mr. Clark, a former Judge, provides inside tips from his 22 years of experience as one of Georgia's top criminal defense lawyers defending pot smokers. All proceeds benefit Georgia NORML.
Jessica Towne's FREE book "How to Choose a Georgia DUI Lawyer" guides you through choosing an attorney. A criminal defense and trial lawyer for over 22 years, Ms. Towne shows you how to cut through the talk and find the best qualified attorney for your case.