Another report of a DUI related death has been reported - this time out of the City of Atlanta.
According to reports, a fatal crash occurred just after 2:00 am on Friday. Police arrived on scene to the body of a woman in the road. The alleged driver who hit the woman with his vehicle left the scene and returned later.
Officers noticed that the driver appeared to be under the influence of alcohol and thus began a DUI investigation.
As a Georgia DUI Lawyer, I will outline how DUI and accidents are so closely related and how both offenses can play into each other in a court of law.
DUI and Accidents in Georgia
If an accused DUI driver is involved in a car accident, the accident itself can be used to support a DUI charge by showing that the person was less safe to drive depending on the circumstances of the accident.
A car accident may also frustrate a favorable negotiation with the prosecution. Georgia DUI Penalties are likely to be more severe when a car accident is involved even when no person or property was injured or damaged. Also the accident itself can be used as an indication of less safe driving, which is an element of the DUI offense itself.
Much like if an officer witnesses an alleged traffic violation, if an officer witnesses drivers in distress, he or she has every legal right to approach each vehicle and perform an in-depth investigation.
This can lead to a search of the vehicle or even a DUI investigation.
Practice Note
As you can see if a driver displays any signs of less safe driving, a DUI investigation is likely to be performed by an on-duty officer.
If you or a loved one has been arrested for a serious traffic violation such as DUI in Georgia, contact our offices now.
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