The sculptor of a Martin Luther King, Jr. statute was killed as the result of a DUI-related crash-related crash. Andy Davis sculpted the statue of Dr. Martin Luther King, Jr. which now stands at the state capitol in Atlanta, GA.
The accident occurred on July 11, 2015 as Davis, 56, was waiting at a light at Jodeco Road and the I-75 ramp. Sease was driving his truck, which struck Davis's motorcycle. Sease, 20, had both alcohol and marijuana in his system at the time of the accident.
The Risk of Duplicate Charges
In the state of Georgia, drivers can be charged with DUI for both alcohol or drugs. In certain cases, a person may be charged with both at the same time. This can occur if a person is intoxicated both by alcohol and some form of drug.
Law enforcement will use evidence of both alcohol and drug use to prove you were intoxicated at the time of an accident or an arrest. Police obtain this evidence through the following.
- Field sobriety tests
- Preliminary breath tests (breath test in the field)
- Breath test at the station
- Blood and urine tests
- Police officer observations
Types of DUI Penalties
When a person is charged with multiple counts of DUI, there is an increased risk for severe DUI penalties. Penalties for a charge of DUI include the following.
- Time in jail (or prison if a felony DUI)
- High fines
- License suspension or revocation
- Community service
- Alcohol treatment
- Drug treatment
- Participation in alcoholics anonymous (AA) or narcotics anonymous (NA)
- Probation or parole
DUI penalties become more severe for every additional conviction within a 10-year period. While a first time DUI may only be a misdemeanor, a fourth DUI conviction within 10 years is a felony and will result in very serious criminal penalties.
Defending Your DUI Case
There are a lot of different ways to present a defense to a Georgia DUI charge. While every case is different and a good defense is based on the facts of your case, there are options which exist to protect your constitutional rights.
One of the major problems with drug blood tests is the measurement of the drug's presence in your blood and whether that actually demonstrates intoxication. Marijuana is a perfect example. The presence of marijuana in your blood will be present long after any intoxicating effects have worn off.
Challenging Field Sobriety and Breath Tests
Both field sobriety tests and the preliminary breath test are highly inaccurate. These items are of limited value at trial anyway but challenging their results can call into question the initial arrest for DUI.
Lack of Probable Cause
An officer is required to have probable cause to initiate a traffic stop which leads to a DUI arrest. If the officer pulled you over without a proper legal reason, your charges may be dismissed.