Derek Lowe's DUI charges dropped!

I blogged about Mr. Lowe’s arrest when it happened just last month. The most amazing part about Mr. Lowe’s ordeal is how quickly it resolved.

All charges were dropped.

I am not particularly surprised. The sketchy details that were first released omitted more information than gave. Now that more information has been released, I can see exactly why the charges were dropped.

First of all, the police said that Mr. Lowe was street racing, yet never charged anyone else with racing Mr. Lowe. A race needs two participants last I checked. When details did come out, they were in Mr. Lowes favor. The officer saw an Aston Martin and a Camaro speeding. Mr. Lowe drives a Porsche.

And despite the fact that the officer “detected a strong odor of an alcoholic beverage,” it couldn’t be proven, partly because Mr. Lowe refused to take a breath test. He did perform the field tests and did well on them -- which I certainly would expect of an athlete. Mr. Lowe’s defense attorney suggested that the officer may have confused the smell of alcohol with the smell of chewing tobacco. Well, that’s a thought. I know either smell on a person’s breath make me pull away!

Atlanta DUI Lawyers Clark & Towne

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An old story, new twist

A Lincoln County sheriff's deputy has been charged with driving under the influence while in his patrol car. The police believe Charles Harwell was actually on prescription drugs when he was taken into custody near Augusta. A call in the middle of the night of an officer driving erratically put the police on alert. Harwell was eventually found parked in his patrol car on the side of a highway.

This story brings up two great questions:

1. Can you be arrested for DUI if you just sitting in your car, not driving it, and
2. Is driving under the influence of prescription drugs the same as driving while intoxicated?

So, first questions first: absolutely, yes, you can and WILL be arrested if you have the keys to any type of motor vehicle (golf cart, riding mower, car) and over the legal limit.

Then second question isn’t so easy. It is very difficult to establish the influence of most prescription drugs. They simple haven’t been studied the same way alcohol has.   Having said that, the police will arrest you for DUI if they think you are intoxicated on any kind of drug. Proving someone was unfit to drive while taking prescription medication is a whole other story.

Love v. State

One of the cases of which I'm most proud is from way back in 1999. That is when that my partner David Clark and I got Georgia's DUI-marijuana law struck down as unconstitutional in Love v State. Just this last year, Love v. State helped win another case, this time one that involved a prescription drug as well as marijuana. Back in 1999 we argued that the government can't claim you are unsafe to drive just because you show any amount of a drug in your system -- they must show that due to consumption of meds, you are incapable of driving safely. It's not the same, and it's really helped a lot of people avoid unjust charges over the years. A defense lawyer could use Love v. State to help defend Officer Harwell too.

Ask: how much experience do you have representing people who are charged with DUI?

DUI defense is too complex to be trusted to someone who is not highly qualified in this field. A lawyer who has been specializing in divorces for many years is experienced only as a divorce lawyer, not as a DUI lawyer. The only way to find out exactly how much experience someone has is to ask directly.

You may believe seeing a lawyer listed in printed or internet lawyer directories, lawyer referral services, or phone directories as a "DUI lawyer" indicates DUI experience, but this is not always true. Lawyers with no direct experience whatsoever can be listed in these resources —they just need to write a check to the publisher.

It is common for attorneys who have had their particular legal specialty slow down or dry up to attempt to develop a DUI practice to increase their income. Make sure the DUI lawyer you’re interviewing wasn’t a real estate closing attorney last year.

You should leave the attorney’s office confident you have spoken to someone who has real expertise and experience in DUI law.

Can I be stopped for "weaving within the lane" in Gwinnett or anywhere in Georgia?

The arresting officer must follow certain rules when stopping a car. A good DUI attorney will make sure the officer followed if all the rules for a stop.

Why did the arresting officer have "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. 

Does your attorney know that? Not all do, and for good reason --the law is constantly evolving. Every year the Georgia General Assembly changes driver’s license, DUI trial or DUI sentence regulations. A DUI attorney must stay abreast of the changes or risk a client’s case.

Atlanta DUI Lawyers Clark & Towne

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