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 When a famous person, politician or cop gets a DUI, the press is happy. It instantly becomes a scandal. I never treat anyone's DUI as something amusing-- it really is a life changing event. I usually try to find something about the arrest that I use to educate others in how to behave during a stop or how to protect their rights.
The arrest of state Rep. Kip Smith gives me yet another chance to show how a DUI arrest works.
What is DUI-less safe? Is it different that DUI-alcohol?
Rep. Smith was charged with both DUI- less safe AND DUI after failing to stop for a light that had just turned red. What does this mean exactly?
In Georgia, prosecutors often pursue drunk drivers with alternative counts of DUI. Basically, they're covering their bases.
If a driver takes a breath or blood test and registers above the legal limit for his or her class of license, alternative DUI charges are routinely filed. This protects the prosecutor's case in the event that there is a legal or factual reason why the test result cannot be admitted at trial.
Rep. Kip Smith took a breath or blood test that registered above the legal limit (.091). He may or may not have been driving in a less safe manner right before the police officer turned on his blue lights (in Rep. Smith’s case, he did not stop for a light that was turning red, but in other instances this can mean something as minor as speeding, or weaving or not coming to a complete stop at a stop sign). If a judge or jury determines that alcohol "caused" him to drive in that manner and convicts him of both "less-safe" DUI and above the legal limit DUI, a judge can only impose one sentence. The Department of Driver Services will count this as one DUI.
Is it possible to get multiple DUIs on one stop?
Contrast that with the hypothetical situation of a driver in the same scenario, but with two 10-year-old passengers in his car. The situation could be this: the two kids are talking loudly in the back seat, the driver comes to a 4-way stop intersection and no other cars are around. The driver slows to a near stop, but it's not a complete stop and Officer Friendly happens to be directly behind him with a pen full of ink and a freshly issued ticket book. He arrests the driver for DUI, asks for a breath test, which registers 0.080. Not only could this driver be convicted of alternative counts of DUI, but he could possibly be declared habitual violator (the equivalent of three DUIs) because of additional, not alternative, counts of DUI child-endangerment.
An experienced DUI attorney can help you under these circumstances. |
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.
