Hit and Run in Sandy Springs
At around 3:00 am this morning (Sunday, October 27th) a motorist driving a black Honda Accord slammed into a light pole, knocking out traffic lights at Glenridge Drive and Roswell Road in Sandy Springs, reported the Atlanta Constitution-Journal.
The driver escaped and police are currently looking for the vehicle with Tennessee tags. If found the driver could be charged with any of a number of offenses, including reckless driving, leaving the scene of an accident, and possibly DUI.
Reckless driving, without an eye witness would be a difficult charge for a prosecutor to prove. In Georgia, reckless driving is defined as: driving any vehicle in reckless disregard for the safety of persons or property.
Reckless Driving is a class one misdemeanor and is punishable by up to $1000 in fines and 12 months imprisonment.
Again, without an actual witness to driving, the owner of the vehicle (or whoever was driving it) would have a strong case against conviction.
Leaving the Scene of an Accident would be easier to prove, but the State would still have to overcome the burden of proving who was actually driving. Again, without a witness and/or a confession, that would be nearly impossible.
A person is guilty of leaving the scene of an accident if he or she fails to comply with the following:
The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.
Finally, a DUI would also be impossible to prove at this point. The State would not be able to prove the alcohol level, or any potential impairment of the driver of the vehicle hours after the alleged incident.
It seems, without a confession on the part of the driver, that charging him with any violations relating to this accident and making them stick will be all but impossible. Of course, once they find the owner it is entirely possible that he will sing like a canary, implicating and convicting himself, as is often the case.
If you are facing DUI charges in Atlanta or anywhere in North Georgia, contact the Law Offices of Richard S. Lawson to schedule a free consultation immediately.
Your rights depend on effective representation and Richard Lawson has been practicing nothing but DUI defense for over twenty years. Trained as a former prosecutor, he knows the weaknesses of the State's case against you and will defend you using the trial skills he has gained over his long career in court. Top ranked on AVVO, Richard is one of the most well respected and feared DUI defense attorneys in Georgia. Call today for your free consultation.