DUI Lawyer In Georgia

Reader’s Question:

I think my father was unlawfully arrested for DUI here in Atlanta, Georgia and his lawyer is finding a way to prove that. What are the typical scenarios for the traffic stop, detention and arrest in a DUI case?

Elmer

Atlanta, GA

In a DUI traffic stop, the prosecution must prove that there was a good reason to stop your father when he was driving in Atlanta, Georgia. If they can’t prove just that, all evidence as a result of your father’s DUI stop, except the observations of his driving, would be rendered unusable in court.

Likewise, the prosecution also has to prove that there was a legal reasoning behind holding your father for the DUI investigation if there was a probable cause to pull him over because of DUI suspicion. Their failure to demonstrate with facts valid reasons for having him detained for questioning, beyond a short stop, then all evidence acquired after stopping him could be suppressed.

If there was probable cause to pull over your father and subject him to a field investigation, then the prosecution also has to prove that your father was intoxicated enough to justify an arrest. Without a legal proof, the results of any field investigation test could be suppressed. In addition, there should also an authority to arrest, involving the question if the offense was committed in the officer’s presence.

Tags: DUI, DUI arrest, DUI lawyer