Roswell Officers, Courtney Brown and Kristee Wilson, are on paid administrative leave after bodycam footage revealed that they left the decision to arrest an allegedly reckless driver up to a coin toss.
According to the footage, they gave driver, Sarah Webb, the option of two outcomes: heads meant that Webb would be arrested and go to jail, and tails meant that she would be given a citation and be released.
Mayor of Roswell, Lori Henry, made a statement regarding the officers' behavior: “Like you, I am shocked and offended by their actions. I find the behavior of these two officers inexcusable and unprofessional. This type of behavior is not and should not be reflective of our police officers in Roswell who protect and serve our community every day.” As a result of the incident, an internal investigation is being conducted.
Webb was arrested that day for the following charges:
As a Georgia DUI Lawyer, I see all three of these charges frequently (however I don't see too may coin tosses used to determine an accused driver's fate). They are commonly associated with an initial DUI investigation which may lead to an arrest for DUI. Serious traffic violations such as these are common in our state – especially in heavily populated areas such as Fulton County.
I've spent a lot of time explaining the laws behind reckless driving and speeding in Georgia, so today, I will focus on the law behind the traffic offense of too fast for conditions.
Too Fast for Conditions in Georgia
The Georgia Code defines too fast for conditions in Georgia as:
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. O.C.G.A. §40-6-180.
Most of the time a too fast for conditions violation means that a driver has been accused of driving at a speed that impairs his or her ability to control the car in the specific conditions. This means that the offense itself depends on the specifics of the case. These specific conditions involve:
- Heavy traffic
- Bad or inclement weather
- Slippery roadway
- Visibility issues
- Roadway curves
- Busy intersections
Practice Note
The most interesting thing about a too fast for conditions charge is that it is a “Basic Rules Violation.” This means that the offense does not cause any points to be assessed to a Georgia driver.
The only time that this charge is of utmost importance is if the accused driver has a Georgia CDL License. In this case, the Georgia Court will send the moving violation conviction to the Georgia DDS.
If a too fast for conditions is a part of your case involving DUI in Georgia, contact our offices today. A Georgia DUI Attorney will fight for your freedom and your right to drive on Georgia roads. Contact us now.
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