Sleeping is a great defense as long as there’s no moving
A St. Petersburg Florida police officer was arrested for DUI Sunday morning February 18, 2007 while off duty. Officer Steven J. Pugh was arrested around 2 a.m. Saturday. He was found sleeping behind the wheel of his parked personal car around the 5400 bolck of Shore Blvd. in Gulfport, Florida. Pugh contends that he had been drinking at a party when he went to his truck, turned on the engine and the heater and went to sleep.
A Georgia DUI can be charged as Driving or being in actual physical control of a moving vehicle. Lack of Driving or Failure to Move is a great defense. Police often assume vehicle occupants drove while impaired to wherever they are parked. Unless the vehicle is on the side of a long stretch of abandoned road or in a Krystal (White Castle for you westerners) drive-through, there is not a very good inference of driving. Additionally, the driver is doing the right thing by parking and sleeping it off. I have won many jury trials using this defense. They always provide lots of reasonable doubt. For more information on a Georgia DUI defense by a qualified Atlanta DUI Lawyer click here.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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