If your test comes back negative for drugs and/or alcohol then the DUI/DWI charges likely will not be pursued. However, absent a civil rights violation or some other violation not mentioned in your facts it is not a case you will be able to file suit over.
This is the city of Acworth. I would not rely on them doing the right thing. They can still pursue a DUI based on the allergy medicine. You really need a lawyer especially in Acworth. The judge will try and intimidate you.. Most lawyers remove their cases from Acworth and send them to Cobb State court. I can not stress enough that if you leave your case in Acworth the judge will find you guilty. Do not expect the prosecutors or judges to know the law. You will get screwed without a lawyer in Acworth.
Mr. Von Scuch provides very good advice here. Please follow it. You can worry about suing (and post questions about it and get answers to them here) when the DUI case has been taken care of. It is too early to assess that now. Do immediately retain a lawyer to help you with the DUI case and Acworth. First things first.
DUI/DWI is a very complicated charge. There are actually more sections to the Georgia law than just drinking and driving under the influence. Two of the sections include both prescription, non prescription and illegal drugs. When the officer gives you the field testing, there are "clues" that the officers are instructed to look for in the field testing. The officers, however, have to be certified and know what they are looking for. Many times I have seen this testing and it was not done according to the guidelines required by the courts. When the officer can't figure out what is going on, he may have decided to charge you with DUI/DWI and see where the chips fall after court. Your charges are not going to be dropped, at least not without a fight in court. It will be , unfortunately, nearly impossible to sue for being arrested, but after the DUI portion is over you can always report the officer.
When everything comes back negative the case against you should be dismissed. You need to make sure all of the charges are dismissed so you can expunge the arrest. Don't plea to any of the underlying traffic violations, if there are any, because this will stop your chances of expungement. You cannot sue because the police enjoy sovereign immunity in most situations, and this would most likely be one of them.,
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Don't expect the case to be dropped in Cobb County. If you were taking your prescription medication, your blood test will likely show that in your system. The GBI doesn't just test for drugs of abuse and alcohol. They will run a full drug screen. Moreover, there was some evidence of poor driving on your behalf that led to your being stopped under suspicion of DUI. This evidence will be used by the State to attempt to prove that you were a "less safe" driver due to the influence of your prescription medication. Having a prescription is not a defense to a DUI charge. The information you provided about the long work day is evidence of a defense. Basically, you are saying that it was the heat that caused your poor driving, not the prescription. That forms the issue for a jury to decide in the case. The State will still prosecute you and attempt to convict you of DUI. You need to retain an attorney now.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
I agree with all written before me. I add the following:
First, cops can pull you over for moving violations and stop you long enough to deal with the reason they stopped you and briefly thereafter for additional observation. If they run across anything that catches their attention that might lead to further criminal activity, they can briefly and reasonably look into it. That happened here.
Second, when asked if a cop can search you person, vehicle or home, I strain to think of a situation where you should allow them this privilege. You did, though, and that led to more.
Third, he ran your name, and found your prior history, which evidently fueled his desire to keep going. Nothing much you could do to prevent that.
Finally, if the drug test comes back as you say, it will most likely be dropped in state court. Take the case to state court.
Also, hire a lawyer, and do it very soon.
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