Legal Question in DUI Law in Georgia

DUI Charge When Not Under The Influence?

I was charged with a DUI over a year ago. I am going to court tommarow to plead not guilty because I was not under the influence of anything. I got pulled over for speeding 72 in a 55 and not wearing a seat belt. The state patrol started in on me, Have you been drinking?(no), Have you been doing any drugs?(no), can I search your vehicle?(yes)

Then he says '' will you pass a drug test right now if I give you one? '' I told him that I didn't know because I had smoked some marijuana approx. 2 or 3 weeks ago. The state patrol takes my honesty and goes at it, Puts me against my car and searches me and my car and I go to the county jail, Where I am treated like a criminal, I drank five glasses of water and still could not urinate in front of two state patrol men, they told me that if I didn't piss by 3:30 then I would be kept there all weekend. I finally urinate, it comes back posative. Here I am, a year later about to go to court to plead guilty to speeding and w/o seat belt, but not guilty to DUI. How can the State charge me with a DUI, When I WAS NOT UNDER ANY INFLUENCE. Its uconstitutional. Anyone have any thoughts on this?


Asked on 9/30/02, 9:56 pm

2 Answers from Attorneys
Dan Conaway Conaway&Strickler, P.C.

Re: DUI Charge When Not Under The Influence?

Please contact us immediately. We can help. 404-816-5000.

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Answered on 10/04/02, 2:53 pm
Elmer Young ELmer Young

Re: DUI Charge When Not Under The Influence?

You instinct and tendency to plead Not Guilty is certainly correct, but I cannot for the life of me understand why someone as smart as you apparently are have wasted the year in not seeking out and finding a competent DUI lawyer to assist you. So, now you are about to snooker yourself by going to court without a lawyer to enter a plea, I suppose that is because you believe it has to be so easy. True, it looks easy, but someone must have forgotten to tell you that today is also the last day to file your defensive motions, among which would be a Motion to Suprees this unlawfully obtained evidence the state wishes to use against you!There's a lot more, but this is free and I have to get to work. Bottom line: When you enter your plea do it in front of the judge and tell him "you would would like to have an additional 10 days to get a lawyer and file your motions". If he grants your request to have a shot, if not your pissed again! Good luck!

E.H. YOUNG

561 Greene Street

Augusta, Georgia 30901

706-724-8554

[email protected]

www.augustadui.com

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Answered on 10/01/02, 7:02 am


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