Smyrna Man Allegedly Struck Police Cruiser While Driving Under the Influence

A 41-year-old Smyrna resident is accused of operating a 2010 white Toyota Camry while under the influence of alcohol. He is further accused of striking a marked Cobb County Police patrol vehicle on I-75 South after Windy Hill on Dec. 7 at 10:14 p.m., according to an arrest warrant from the Cobb County Police Department.

According to police, the suspect continued around three patrol vehicles where police were finishing the investigation of a motor vehicle accident with blue lights activated. An officer activated his sirens and followed after the suspect refused to stop. At I-75 South and the I-285 split, the suspect was boxed-in and refused to heed directions from officers. According to police, the suspect had bloodshot, watery eyes, slurred speech, and a strong odor of alcohol on his person, the warrant says.

The driver has since been charged with:

• DUI – less safe alcohol
• Hit and run
• Failure to move over
• Fleeing or attempting to elude
• Obstruction / hindering law enforcement

What is DUI less safe? 

O.C.G.A § 40-6-391(a)(1) states that an individual should 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 that the driver is less safe to operate their vehicle as a result of intoxication before or while driving their vehicle in comparison to not having ingested any drugs or alcohol.

DUI less safe can be proven in three ways:

• Direct evidence of erratic driving (causing an accident qualifies)
• Circumstantial evidence of less safe driving can be inferred from standardized field sobriety tests
• Circumstantial evidence of the driver’s appearance or demeanor (this can include the odor of alcohol, unsteadiness on one’s feet, staggering, or slurred speech).

It’s important to note that a charge of DUI less safe can be brought even if the driver’s blood alcohol level is below .08. Evidence in DUI less safe cases is generally circumstantial and related to the officer’s observations of the driver’s conduct.

In the case mentioned above, the driver was acting erratically, struck a police patrol car, and did not follow instructions when directed to do so by police. Police say that the suspect smelled of alcohol, had slurred speech, and was unsteady on his feet. Ultimately, that is enough to prove DUI less safe in Georgia.

The driver can now face several consequences as a result of his actions. These include:

• Increased motor vehicle insurance bills
• Possible loss of driving privileges
• Jail time
• Fines
• License suspension
• Community service
• Mandatory clinical evaluations
• Substance abuse treatment

Talk to a DUI Lawyer Today 

If you have been charged with DUI, call the Cobb County criminal defense attorneys at Andrew L. Schwartz, P.C. We can help you fight the charges or negotiate a plea bargain that you can live with. Call our office today to learn more.

Source:

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