Earlier today Atlanta Police Officer Daryl Vann was arrested for DUI in Gwinnett County. After allegedly failing to maintain his lane and speeding, Mr. Vann was pulled over. Field sobriety testing was performed and later a breath test showed an alcohol content .10.
Officer Darryl Vann was charged with DUI, improper lane change, and speeding. He was stopped on I-85 just north of Pleasant Hill Road at a speed of more than 20 miles over the posted speed limit.
The Gwinnett DUI Task Force saw Vann's car speeding and weaving in and out of traffic around 2 a.m. The Gwinnett officer wrote in his report that Vann asked him for “professional courtesy” and the officer told him that he had arrested other officers for DUI and that was “not an option,” as there was no discretion when it came to DUI.
Vann failed a field sobriety test known as the Horizontal Nystagmus Gaze test (which requires a person to follow the officer's finger or other object with their eyes) as well as standing on one foot, and walking heel to toe. He was later given a test of his breath and had a blood alcohol (BAC) of ".10", which is over the “per se limit” of .08.
Officer Vann is now on administrative leave pending an internal investigation of the case. No person should ever be presumed guilty. He has the right to a fair review of his case and the presumption of innocence. No person should pre-judge any criminal case.
Unlike what is reported in the AJC, people are not prosecuted by machine. The State has the burden of proving the case beyond a reasonable doubt. The State has to prove that the breath-testing machine was working and was property calibrated.
The other problem Officer Vann is facing is retaining his P.O.S.T. Certification. (Peace Officer's Standards and Training). P.O.S.T. will try to sanction him and may even pull his certification to be a police officer.
He will need a top-rated Gwinnett County DUI Lawyer on his side.
If you need expert legal advice after an arrest for DUI, call the Law Offices of Richard Lawson for the best defense possible. Don't trust your freedom to a “general practitioner.” Richard Lawson is a DUI specialist and has more than 20 years experience defending the rights of those accused of DUI. Don't wait. Call now!