Driver Accused of DUI After Striking a Pedestrian in Smyrna

Smyrna Police Department Patrol Car

Smyrna, Ga. – According to reports, a driver has been arrested on several serious charges including:

• DUI in Georgia
• Open Container in Georgia
• Serious Injury by Vehicle in Georgia
• Hit and Run in Georgia
• Driving without Insurance in Georgia
• Obstruction in Georgia

The incident took place at the end of last week. The driver was allegedly driving on County Services Parkway with an open beer bottle in her cup holder. She has been accused of hitting a pedestrian with her vehicle and then driving away. She only made it a little way up the road before she stopped in the middle of the lanes. Cobb County police caught up to her and started their investigation.

As a Georgia DUI Lawyer, I will outline the law behind the offense of open container in today's post. Police allege that the driver had over 25 empty beer bottles in the vehicle along with the open beer bottle in her cupholder.

Open Container in Georgia

The Georgia Code defines open container in O.C.G.A. § 40-5-253 as:

The consumption or possession of open alcoholic beverages in the passenger area of any vehicle while on a public highway or shoulder of a public highway is prohibited.

If you are convicted of possessing an open container, two points will be added to your Georgia driver's license.

Moreover, if you have been charged with DUI, an open container violation may bring enhanced charges and harsher penalties. If you are stopped for a traffic violation and the police officer notices an open container in the vehicle, he will be on heightened alert for any other clues that you might be an impaired driver. 

An open container charge actually strengthens the case against you because an open container is further evidence that you had, in fact, been drinking as well as shows a disregard for the law and irresponsible behavior.

Practice Note

Contact a Georgia DUI Attorney today if you or a loved one has been arrested.