I was arrested bc they said the accident was my fault however the other driver shouldnt have been on the road and had a suspended license I was at .072 when the accident occured with my BAC therefor I was legally driving in the state of georgia. How do i fight this? can I?
You need to retain an attorney right away to fight against the charge. The officer likely charged you with DUI Less Safe (violation of Georgia Code section 40-6-391(a)(1), meaning that you were charged with driving under the influence of alcohol to the extent that it was less safe for you to drive (even if you were under the legal limit). I have linked to the Georgia Code below.
Contact an attorney right away to discuss your case in more detail.
Hernan Law Firm
Serving clients charged with DUI throughout Georgia
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The other driver's license situation will have nothing to do (in the prosecutor's eyes) with your DUI case. Failure to yield charges are very though in Georgia, as they give the turning driver an almost absolute duty to yield. A judge once even told me that my client had the duty to stop for the oncoming driver even if the other driver was drunk, speeding, reckless and driving without lights...
With that being said, a .072, like Mr. Goldberg said, is a case a true DUI lawyer will fight to the end. Call a few lawyers and get some opinions on defending your case ASAP. The prosecutors will not easily toss the case for you just because you blew slightly under the limit. I am always available for consultation through my avvo.com page.
While I am not licensed in GA and do not know the legal limit, I presume you were under it.
As such, find a local (Columbus, GA) attorney and fight it. Often times the police have the discretion to arrest you on a DUI even in the instance that you were under the legal limit in the instance you appeared to be intoxicated. This however is a very defensible issue and many attorneys would love to take this case. Look for one who believes in your cause and go from there.
If you BAC was over .08, the state would only have to prove that you were driving with that BAC to have you found guilty of DUI. Between .06 and .08, it is the officer's discretion as to whether or not to charge you, and that state must prove that you were a less safe driver. When an accident in involved, the state may feel that your causing the accident is enough proof, and the accident itself makes it more likely that you would be arrested. You have a good shot at getting this reduced or even beating it at trial, especially because there is a high likelihood that a person with a suspended license will not show up to testify against you, or that a jury will be angrier at them for having a suspended license. Hire an attorney.
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