A Georgia man has been convicted of DUI and homicide by vehicle after being involved in a car accident that killed another passenger. A Pierce County jury convicted a 37-year-old man of being under the influence of prescription drugs while operating a vehicle. After taking prescription drugs, he was involved in a car accident that killed a 37-year-old woman. According to officials, the defendant was under the influence of Fentanyl when he got into the accident.
]]> The victim was a child abuse investigator in Brunswick and was driving to Baxley to teach law enforcement officers techniques for interviewing children who were alleged victims of sex abuse. According to reports, the defendant passed a logging truck in a rainstorm and struck the victim in a head on collision.Reports did not indicate whether the man was driving recklessly or if the drugs were being used illegally. It was also not made public whether he was "over the limit" for his prescription use. The man was sentenced to 15 years in prison for the DUI and homicide by vehicle charges. This case raises criminal defense issues, particularly for individuals who are legally using prescription drugs.
Source: Associated Press, "Georgia Man Sentenced in Crash Blamed on Prescription Drug," May 15, 2012.
]]>The driving while intoxicated charge was filed to "embarrass and humiliate" the former chairman, he contends in his lawsuit, because he had been outspoken in his opposition to the sheriff's political ambitions.
]]> The lawsuit accuses the sheriff and two of his deputies of false arrest, as well as false imprisonment and retaliatory prosecution. The former chair is asking the court to award him unspecified compensation and punitive damages for "extreme humiliation, embarrassment and anguish which has continued to this day and is expected to continue into the future."The sheriff said that he stood by the apology he'd made to his foe after tests cleared the former chairman of charges. "I was sincerely sorry it happened," the sheriff said, adding that he felt bad for the former chairman and his family.
"It's something you never want to have happen to anyone. We did all we could as quickly as possible to mitigate it," he said.
The former chair was arrested for DUI back in June of 2010 after leaving a restaurant. A witness apparently called an off-duty deputy, saying the chairman was drinking and driving.
Even though two breath tests showed he had no alcohol in his system, he was booked into the county jail anyway and then shackled and transported to a hospital for a blood test. That test also showed he had no alcohol in him.
Source: AJC.com: "Ex-Gwinnett chairman sues sheriff over DUI arrest," April 30, 2012
]]>An Athens woman, 25, faces all of that and more after being arrested last weekend and charged with drunk driving with four children in her vehicle.
]]> A police officer reportedly saw the woman driving on Prince Avenue around 1:30 Sunday morning when her car swerved into the opposite lane of traffic, nearly colliding with another vehicle.The officer who witnessed the incident stopped her car and saw four kids in the back seat, none apparently wearing a seat belt.
The officer then administered field sobriety tests, which the woman reportedly failed. A later breath test was given, showing her blood alcohol content to be between 0.12 percent and 0.18 percent. The legal threshold in Georgia is 0.08 percent.
The woman was subsequently charged with driving under the influence, as well as four counts of endangering a child while DUI and a single count of improper driving. She was also given four seat belt tickets, Athens police said.
She was then transported to county jail, where she was held in lieu of a $6,000 bond.
She faces not only significant punishments if convicted of the DUI, but even harsher penalties because of the presence in her car of the children. Convictions on the charges she faces could include jail time, thousands of dollars in fines and a mandatory license suspension, as well as alcohol treatment and community service.
Source: Athens Banner-Herald, "Woman with four kids in car was DUI, police say," May 7, 2012
]]>The first student was encountered by officers at Bar South just before two in the morning while responding to a telephoned report of an injured person on the premises. The officers, and EMTs also summoned there, found the female student in distress in the woman's restroom at the business. Her foot was bleeding and several other women were trying to assist her to stop the bleeding.
]]> Police stated that the injured student gave off a strong odor of alcohol, and that an ID found on her indicated that she was underage for the purchase or consumption of alcohol. A second ID, apparently fake, was also found in her possession, according to police. They did not arrest her, but they issued her a citation on the alcohol charge, prior to arranging to have her rushed for treatment to the Athens Regional Medical Center. Doctors there gave her a tetanus shot and stitched up her injury.On the evening of April 28, police also received reports from concerned members of the public about a male student lying underneath a vehicle in a parking lot who appeared to be unresponsive. The car belonged to a parking lot attendant working at the lot, located at 131 East Broad Street. When police went there, they also were unable to elicit any response from him, according to their report, until they pulled him out from under the car, whereupon he opened his eyes.
He still appeared to be unable to answer questions, and police say that they smelled a strong odor of alcohol on his breath. The student's UGA ID indicated that he was underage for the consumption of alcohol, and he was given a citation to appear in court on that charge.
Source: Red & Black, "Two University students cited for underage consumption before transport to hospital," Megan Ernst, April 30, 2012
]]>A police officer went to Payne Hall after being told that an intoxicated man had been brought into the university residence by two other persons. He was also told that the student said to be intoxicated lived in the building.
]]> When the officer arrived on the premises, he found the student in a bathroom, repeatedly vomiting, and surrounded by friends attempting to assist him. One of these friends said to the officer that they had just left a party, and had been drinking alcohol.The ill student said he did not want medical assistance. The police officer reported detecting a strong odor of alcohol on him. The officer subsequently stated that the student, at first, gave him a false name and birth date, the name and birth date of his roommate. The officer claimed to have discovered this and the student's true identity after speaking to the roommate after accompanying the student to his room to get a clean shirt.
After the officer placed the student under arrest, the student threw up on himself again. While he was allowed to clean up at the police station, he reportedly vomited all over himself again while being taken for booking into the Clarke County Jail.
Jail records indicated that he again declined offers of medical assistance after arriving there.
Source: Red & Black, "University student vomits repeatedly during transport to jail," Megan Ernst, April 30, 2012
]]>The man was traveling on Milledge Avenue when a patrol officer noticed that the man's high-beam lights were on. When the officer came up to the vehicle, he observed a strong smell of alcohol emanating from the car. The student submitted to sobriety tests; he was arrested after his reportedly failing those tests.
]]> He was transported to the University Police Department, where his blood alcohol content was determined to be nearly twice the legal limit. The man was then transported to the Clarke County Jail.The student had told the officer that he hadn't had much to drink, and he also reportedly knew that his license had been suspended. He argued that he was just attempting to get his girlfriend back home.
In another alcohol-related incident, a student was arrested on April 22 after illegally crossing the street in front of a taxi. Officers charged the 22-year-old with being a pedestrian under the influence of alcohol, along with disobeying a traffic device.
The student was reportedly unsteady on his feet as he approached a crosswalk on Lumpkin Street. He was seen running into the street's crosswalk in front of a taxi cab, causing the car to brake violently to avoid a crash that could have resulted in injury. Police reported that the man smelled strongly of alcohol despite his contention that he had consumed only four mixed beverages. The man was arrested and transported to the Clarke County Jail.
Source: Red & Black: "University student charged with DUI on Milledge Avenue," April 24, 2012
]]>The officer reported that he smelled a strong aroma of alcohol from the vehicle. When he asked the woman whether she had consumed alcohol, she reportedly vehemently denied drinking, though the officer said she was swaying back and forth during their discussion. The woman had said that her headlights were off because the car belonged to her mother, and she couldn't figure out how to work the lights. The woman pointed to a house up the road, saying she was just traveling a few blocks.
]]> After refusing to perform any sobriety tests, the woman allegedly became belligerent with the officer, claiming that her family knew an influential local judge. When she refused to submit to sobriety tests, the officer arrested the woman and transported her to the police department. She began to demand that the officer call her father, claiming that he would come to her aid.The woman had claimed that she didn't have any illegal drugs in her possession during the arrest, according to the patrol officer. Upon arrival, officers report that they found a small bag of cocaine in the woman's pocket.
At the jail, the woman accused the arresting officer of sexual assault and verbal assault, before she was turned over to officials at the Clarke County Jail.
Source: Red & Black: "Woman charged with DUI and possession of cocaine," Josh Johnson, April 19, 2012
]]>The individual apparently urinating in public was a 20-year-old male. He was relieving himself between a car and building along Spring Street when a patrolling officer spotted him. An officer went to confront the man when one of his friends yelled to warn him. The man then took off down the street but soon stopped. The officer chasing him was on a bicycle.
]]> The police officer claimed that he could smell alcohol on the man's breath and that his speech was slurred. The officer examined the man's driver's license, which showed the man is 20 years old. For unknown reasons, the suspect told the officer that he was only 17 years old. The man was eventually arrested and booked in Clarke County Jail.A 20-year-old woman became the focus of a police officer's attention when he saw her fall off a bar stool outside of a local bar where she worked. A group of men helped her back on the stool, but then took her inside once they saw the officer approach.
The officer told another staff member at the bar that he would like to speak with the woman. A few minutes later, she emerged from the bar and told the officer she was fine. The officer apparently noticed her swaying back and forth, asked for her ID and eventually arrested her for underage possession of alcohol.
Source: Red & Black: "University student found urinating on Spring Street," Josh Johnson, April 15, 2012
]]>Police observed as the man got in his car, when he was promptly pulled over and removed from the vehicle. Likely fearing the legal ramifications of his alleged crimes, the student took off on foot, but did not get anywhere fast. The officer that participated in the chase noticed the student was very unsteady as he ran.
]]> The officer got in his squad car and drove to where he believed the student ran off to. Near Briarcliff road, the officer got out of his car and approached the student once again. This time, the student stayed put and stumbled toward the officer.The student was eventually arrested for underage possession of alcohol once police examined his driver's license. He was booked into Clarke County Jail.
In a separate and unrelated incident, police tagged another student with a noise ordinance violation for a loud party hosted at a fraternity house.
The house was located on South Milledge and Woodlawn avenues, but apparently the party -- complete with loud music -- could be heard a distance away on Springdale Street.
A 21-year-old man who was present at the house told an investigating officer he was responsible for the party.
Source: Red & Black: "University student runs away from officer in 'slow motion'," Josh Johnson, April 16, 2012
]]>Police say that after the rearend collision, the professor's airbag had deployed and the fender of his car was rubbing the tire. The car in front of him was turning right on red, when it saw a police car and suddenly stopped, causing the university professor to hit him. The university professor also saw the police car before he hit the man in front of him.
]]> The police charged the professor DUI, following too closely and hit and run. The university professor said he had a glass of wine with his dinner, and that because of reflux and an unusual metabolism, that the breathalyzer test results were inaccurate.The university professor was arrested in late January 2012, and had a court hearing in late March 2012. At the hearing, the driving under the influence charge was dismissed. Media sources report that there were three charges against him, but the same source says a "second charge of hit and run was reduced." The source reported that the university professor was found guilty of a charge that was reduced to "too fast for conditions" and received a $300 fine for that charge. He was also found guilty, according to media sources, of a reduced charge on the mysterious second hit and run charge, which netted him six months of unsupervised probation and 20 hours of community service.
The university professor says that he isn't sure why the police charged him with a hit and run, as he explained that he saw the police and he was only moving to a safe spot to pull over. He wasn't sure why police would think he was running when he had an airbag in his face and could not turn right because the steering wheel was seized.
Source: Red & Black: "Charge of driving under the influence dropped for University professor," Joshua Johnson, April 6, 2012
]]>According to a UGA police report, the woman was driving without headlights when police pulled her over. The woman was driving a black Ford Focus on Milledge Avenue when police noticed her. Police also stated that when they asked her for her driver's license, she had slurred speech and bloodshot eyes, in addition to smelling strongly of alcohol.
]]> According to the report, when the woman got out of the car, she stumbled and had to use the car to balance herself. She told the police officer that she had only one mixed drink and that she was driving home. The woman agreed to field sobriety tests, which she did not pass, and also agreed to a breathalyzer, which she also did not pass.The police arrested the woman because of the sobriety test failure. She blew a 0.159 percent and a 0.160 percent on the breathalyzer test, according to the police report. The police transported the woman to Clarke County Jail.
In a separate case, a university student bought food at a taco stand, and then had two unknown charges appear on his debit card: One for $21.70 at a Wal-Mart in another state and one for $200 at a Toys-R-Us in the same state as the Wal-Mart charge, but in a different city. The University student said he did not lose his card.
In a third incident, unrelated to the DUI charge or the taco-stand theft allegations, a university employee lost his wallet while attending a DUI class, according to a police report. Whoever picked up the wallet used the employee's credit card to buy over $100 in gas. When the person who kept the wallet tried to buy $107 in hats from Lids, the card was declined.
Source: Red & Black: "University student charged with DUI," Megan Ernst, April 6, 2012
]]>On the morning of March 31, police arrested a 20-year-old male student, accusing him of underage consumption of alcohol. They state that they discovered him lying face down on the sidewalk, covered with dirt and grass, as well as having his clothes soiled from his own vomit.
]]> A police officer reported that the student stated that he did not know where he was going or where he was, and that he was unsteady with slurred speech, unable to understand questions until the queries were repeated. The officer claimed that the student gave his age as 91 and said that he was born in 1991. He was placed under arrest after he confirmed that he had been drinking and after the officer determined that he was underage for possession and use of alcohol.In another March 31 incident, police took a 22-year-old male student in custody, charging him with disorderly conduct. They claimed that he was extremely intoxicated and that they found his wet shoe print, as well as a dent, on a car he was walking away from. An officer asserted that the student told him that the car was the property of a woman who previously liked him, and that he kicked her car out of anger. It turned out that the car he kicked actually belonged to a man who told people that he did not know the student.
In a third incident that day, four students riding in a car, which police pulled over for improper use of a turn lane, were found to be underage and in possession of alcohol. The 19-year-old driver was observed weaving back and forth, according to a police report. When the vehicle was stopped, the officer claimed that he smelled an odor of alcohol emanating from it.
Clearly, all the students accused in these incidents should speak with defense attorneys who can safeguard their rights and help them safely navigate an often difficult, intimidating criminal justice system.
Source: Red & Black: "University student arrested after being found 'face down in the grass on the sidewalk'," Megan Ernst, April 4, 2012
]]>Martinez, 30, was arrested this week with an improper lane change and impeding the flow of traffic for driving too slow. When the officer pulled him over, he smelled alcohol on his breath and asked Martinez if he would take a field sobriety test. Martinez agreed to the test and registered a .13, which is over the legal limit in Georgia. He was then arrested and charged with a DUI.
]]> The Braves organization was concerned about the arrest and said in a statement that Martinez will need to be evaluated by an independent professional before resuming play. This stipulation is part of the new Collective Bargaining Agreement. The organization did not comment further on how the arrest would affect his roster spot on the team.Martinez is a solid player for the team with a 1.38 earned run average with 13 strikeouts and a .159 batting average so far in Grapefruit League play this spring.
This case demonstrates that everyone can make a mistake when it comes to drinking and driving and if this is Martinez's first DUI offense, he could receive a misdemeanor, a license suspension and a possible fine. The DUI arrest could also adversely affect his career if it continues to be a problem.
This is the second DUI incident that the Atlanta Braves have had to deal with in the past year. A former player was arrested in April 2011 for allegedly racing with another driver while intoxicated, but those charges were dropped.
Source: Forxnews.com, "Braves' Martinez arrested for DUI," April 2, 2012
]]>While the officer was approaching her, he said he saw her urinating under the tree.
]]> The officer then asked the woman to come out of the bushes, and when she did, he said he could smell alcohol on her and her breath. The police officer asked the woman for her license and the woman stated she did not have one. When he asked her what her birth date was, she reportedly said it was March 21, 2011. He then asked her again, and she stated that it was March 21, 2012.After more questions, the officer elicited her birth date and name from her, then ran her information and learned that she was only 19 years old. Police arrested her, took her to Clarke County Jail and cited her for underage possession of alcohol.
In an unrelated event, police found a male university student sleeping near the sidewalk on Baldwin Street. It reportedly took police several tries to wake the man.
When asked for identification, the student gave police a South Carolina license. The information on the license did not match the student, so police asked him for another form of identification. According to a police report, while he was looking for a debit card, police saw a Georgia license in the wallet and asked the student for it.
The Georgia license was the correct license and matched the debit card. Police stated that the student was uncooperative during questioning. Police arrested the student, who reportedly admitted that the license was fake and that he let friends borrow it to get drinks at bars earlier that evening.
Source: Red & Black: "University student arrested after urinating under tree near the Law School," Joshua Johnson, March 21, 2012
]]>Athens-Clarke County Police will begin making arrests for possession and sale under the new law today, according to a statement issued to the media.
]]> The bill is known as "Chase's Law," after a 16-year-old high school student who died after reportedly smoking synthetic marijuana.In a statement, Deal said, "These synthetic substances pose an enormous risk to our public safety. As the usage has dramatically increased, instances of violence, bodily harm and even death have risen with it. I applaud the GBI and the General Assembly for their fast work on this legislation, which addresses a pressing need."
A couple of years ago, state lawmakers passed a bill banning synthetic pot, but manufacturers and sellers changed their products' ingredients in order to get around the law.
Lawmakers hope the new law closes that loophole by banning the substances commonly referred to as Spice and K2 by banning the substance in all its chemical configurations.
Critics of the synthetics say ingredients are supposed to imitate the effects of tetrahydrocannabinol, or THC, the active ingredient in marijuana that gives users their high. But the effects of the synthetic compounds have different effects on different people, sometimes with disastrous results.
Some experience severe side effects, while others have reportedly sustained brain damage as a result of synthetic marijuana use.
The University of Georgia police chief told Red & Black earlier this month that "unscrupulous business practices" have in the past made it difficult to stop people from selling and buying synthetic pot.
Source: Red & Black: "Synthetic marijuana now illegal in Georgia," March 27, 2012
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