On New Year's Day, an Alpharetta, GA police officer managed to escape injury when a suspected DUI driver slammed into her vehicle. The accident occurred at around 2:30 a.m. Tuesday, January 1, 2019, on Georgia 400 Southbound, near the Holcomb Bridge Road exit.
According to the Alpharetta police department, the officer had her cruiser stopped in the roadway with her flashing lights on. She was in the middle of helping other drivers who had been in a wreck, and she was waiting for Roswell Police to arrive.
Suddenly, a car slammed into the back of her police cruiser at a speed of approximately 85 miles per hour, causing severe damage to the car. According to the police department, it is not usually a situation in which officers wait outside of their vehicle. However, the officer just had a bad feeling and decided "I need to be out of my car," and she got out. Had the officer been inside the vehicle, she likely would have been seriously injured or even killed.
When Roswell police arrived, the driver of the car, Megan Johnston, was taken into custody. Her blood test came back three times the legal limit of 0.08% blood alcohol content (BAC). She was arrested for driving under the influence (DUI), following too closely, and failure to yield to an emergency vehicle.
If you or someone you care for has been arrested for driving under the influence of drugs or alcohol, an experienced Forsyth County DUI attorney can help you defend your case and protect your rights.
Following Too Closely
The Georgia charge of following too closely is often added to DUI charges to justify the initial traffic stop. In many of those cases, the charge is often a "pretext" for the actual reason for the stop.
A "pretext" is a reason for the stop that is not the real reason. Often, an officer may suspect a driver of DUI, but not have probable cause to initiate the stop. The officer will drive behind the vehicle, looking for an excuse to pull the driver over. The charge of following too closely is often used to make this stop.
The Georgia law states, relevant part:
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
When an officer thinks you are too close to the driver in front of you, the officer will use it as an excuse to pull you over, and put you through field sobriety tests or a breathalyzer. You can defend yourself against this type of "pretextual" stop with the help of an experienced attorney.
Contact a Forsyth County DUI Attorney
If you are facing DUI charges, you should not try to face this process alone. With the help of an experienced Forsyth County DUI attorney, you can defend your case and protect your rights. Contact us today for a free consultation.