Marietta Lawmaker Accused of DUI After Hitting Cyclist
A Marietta legislator was arrested on charges of driving under the influence and failure to obey a traffic control device in August after he hit a bicyclist with his vehicle, according to the Georgia State Patrol. State Representative Devan Seabaugh was driving on Memorial Drive at Park Avenue in Fulton County at around 9 p.m. when the crash occurred. Georgia State Patrol said that the cyclist was in the bicycle lane when they were struck by Seabaugh’s vehicle. Troopers from the NightHawks North DUI Task Force responded and placed Seabaugh under arrest, according to the Georgia State Patrol. He was then transferred to Atlanta City Jail. The suspect paid a $4,051 bond and was released from jail at around 1:08 a.m.
According to police, Seabaugh was driving west in a two-way bike lane on Memorial Drive, near Oakland Cemetery in Atlanta, at around 9 p.m. on August 9. A 53-year-old male cyclist was traveling east in the bike lane. At this point, the cyclist got off his bicycle and laid it on its side. Seabaugh swerved left to avoid the bike and struck the curb separating the bike lane from the traffic lane. At this point, he struck the cyclist and his bicycle. The cyclist suffered minor injuries, according to Georgia State Patrol, and told police he “was unsure if he was struck” by the defendant’s vehicle.
Seabaugh maintains that he was not intoxicated or speeding at the time the accident happened.
Georgia’s DUI “Less Safe” statute
In some states, you can only be charged with DUI if you have a BAC of .08 or higher. Georgia’s laws are stricter than those states. Georgia has a DUI less safe statute that allows prosecutors to charge you with DUI under certain circumstances even if your BAC is under .08.
O.C.G.A. § 40-6-391(a)(1) states that a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive. “Less safe” means the driver is less safe to operate their vehicle because they consumed alcohol before or while driving as opposed to not having ingested any alcohol at all.
DUI less safe can be proven in one of three ways:
- Police find direct evidence of erratic driving (like a car accident, or failure to maintain a lane)
- The suspect fails field sobriety tests
- Circumstantial evidence of the driver’s conduct or demeanor (odor of alcohol, lack of balance, or slurred speech)
In the case mentioned above, we don’t have evidence that the police conducted field sobriety tests or a breathalyzer. Instead, we have evidence of an accident involving a cyclist. It’s unclear if the defendant was drunk at the time of the accident, but he has been charged nonetheless.
Talk to a Cobb County DUI Attorney Today
Andrew L. Schwartz, P.C. represents the interests of Marietta residents charged with DUI. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin discussing your best defense strategies right away.
Source:
mdjonline.com/news/local/marietta-legislators-dui-case-delayed-again/article_8d6772ee-a1bc-11ef-99a5-bbf8469564b5.html
