A now-former Cobb County school bus driver will be headed to court April 11th to answer to charges of driving under the influence of alcohol while transporting 23 elementary school children back in February.
According to the AJC, the bus driver, 67 year-old James Douglas Gurr of Marietta was arrested on February 4th for DUI, following too closely, and endangering a child by DUI after police responded to an accident around 7am in the morning. As a result of having 23 children on the bus, the driver is facing 24 counts of DUI because each count of DUI Child Endangerment is considered a separate Georgia DUI offense.
According to the police report, the bus Gurr was driving along Holly Springs Road rear-ended another vehicle stopped at a traffic light at Sewell Mill Road. Gurr was said to appear flushed and smell of alcohol. He was given a breath test and his blood alcohol content was over .08, the “legal limit.” He was released later in the day after posting a $2300 bond.
Interestingly, this case could in effect create legal precedent. Since 2008, any person who has 4 DUI offenses will be prosecuted for Felony DUI. There is some debate as to whether the statute would allow for a felony prosecution from a single event, such as this case where the driver is facing 24 DUI offenses. Secondly, is he facing 23 misdemeanor DUI charges and 1 felony, or 3 misdemeanor DUI charges and 21 felony offenses? Unless defense counsel and the prosecution agree, this case will be decided in our appellate courts.
If you have been arrested and charged with DUI with Child Endangerment, call the Law Offices of Richard Lawson. You need professional and experienced legal advice. Don't go it alone; act now to help your defense.