For the most part, when people see the flashing blue and red lights of a police car behind them, they pull over and stop. However, for a variety of reasons, sometimes drivers choose to continue driving and evade police. One such incident occurred over this past weekend in Alpharetta. According to the Alpharetta Patch, in the early morning of November 12th, an Alpharetta law enforcement officer was driving a marked vehicle down the highway near Mansell Road. A white McLaren 720s “blew past the cop with speeds ‘well above' the 65 miles per hour posted speed limit.”
The officer followed the driver as he travelled down the highway, keeping up with the vehicle as it reached speeds well in excessive of 100 miles per hour. Initially, the vehicle was traveling at 105 miles per hour and he later increased his speed to 115 miles per hour. After confirming the driver's speed using a radar gun, the officer attempted to pull the driver over. The driver did not comply and, in fact, continued to accelerate. According to the Alpharetta Patch, the vehicle sped all the way up to 155 miles per hour. In addition to speeding, the driver was also changing lanes without signaling first, weaving, and straddling the dividing line.
Eventually the driver of the McLaren, 46-year old Dwayne Sherwood Pope of Atlanta, stopped on his own accord. When he was asked why he hadn't stopped for the police officer, Pope allegedly stated that he hadn't seen the officer's lights or heard the siren. However, he did state that he had pulled over as soon as he became aware that the officer was behind him.
Upon stopping Pope, the officer noticed that his “eyes were watery, glassy and bloodshot and he gave a blank stare.” In addition, the officer stated that Pope “had an odor of alcohol emitting from his breath” and Pope admitted to having consumed three drinks. When performing a field sobriety test, Pope exhibited signs of intoxication and was taken to the local jail. He was asked to take a breath test but refused.
Pope ended up facing several charges, according to the Alpharetta Patch, including DUI Less Safe, failure to maintain a lane, speeding, and driving with an expired tag.
While speeding, failing to maintain a lane, and driving with an expired license plate tag are all traffic violations, DUI Less Safe is a misdemeanor offense in the state of Georgia. The applicable statute, as it pertains to alcohol, states “[a] person shall not drive or be in actual physical control of any moving vehicle while . . . [u]nder the influence of alcohol to the extent that it is less safe for the person to drive.” O.G.C.A. § 40-6-391(a)(1). Drivers should note that their BAC doesn't have to be 0.08 or higher in order to be convicted of this offense. It is important to take this charge seriously as a driver can face significant penalties if found guilty.
If you have been charged with a DUI Less Safe or any other type of DUI offense, contact the experienced and knowledgeable Georgia DUI Lawyers at the Law Office of Richard Lawson today. We are here everyday to provide our readers updated Georgia DUI Information.