Legal Question in DUI Law in Georgia

Pleading to Reckless Driving and Drug Testing

I recently made a plea to Reckless Driving. The DA agreed to the deal because I was never arrested (taken to the hospital-no serious injury; never printed, never booked, whoops). Blood test of 1.5 was potentially inadmissable as a result. Also, the ''arresting'' (I guess it was ''citing'') officer was unavailable, first because of military duty, later for medical reasons.

I am now on 12 months probation which includes (among many things) testing for drug use.

Question: Are there precedents for NOT allowing the judge to sentence drug testing in a traffic violation? He knows I was drunk and seemed pretty cheesed off about the whole thing.

God Bless my Attorney.


Asked on 8/12/02, 11:39 pm

1 Answer from Attorneys
Elmer Young ELmer Young

Re: Pleading to Reckless Driving and Drug Testing

The fact that the case involves traffic is not the issue. The fact that it involves probation, rather than jail is what counts most here. You see you did not have to accept probation and whatever terms it was conditioned upon. You could have chosen jail. Having accepted the sentence imposed, you get to live with the terms. God bless my clients. AMEN!

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Answered on 8/13/02, 7:07 am


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