At George C. Creal, Jr., P.C., Trial Lawyers, we closely follow legal developments in DUI cases across Georgia to better serve our clients. A recent decision by the Georgia Court of Appeals in The State v. Craig (A25A0391, May 12, 2025) offers critical insights into the importance of challenging unlawful traffic stops. While we did not litigate this case, its outcome reinforces strategies we employ to protect our clients’ rights. Here’s an analysis of this significant ruling and its implications for DUI defense.
Case Summary
On February 11, 2023, B. Jay Craig was stopped by a Cherokee County Sheriff’s Office officer for allegedly failing to stop completely at a red light before making a right turn. The stop led to Craig’s arrest and charges of two counts of DUI (less safe), DUI, driving with a suspended license, and disregarding a traffic control device. Craig’s defense team moved to suppress all evidence from the stop, arguing the officer lacked reasonable articulable suspicion.
The Suppression Hearing
During the hearing, the State relied on a 60-second dash cam video, claiming it showed Craig’s failure to stop. The defense countered that Craig had made a legally sufficient stop. The trial judge, after reviewing the footage closely (including in chambers), found that Craig’s vehicle stopped briefly and proceeded cautiously, complying with OCGA §§ 40-6-20 and 40-6-21. The court ruled the stop lacked reasonable suspicion and suppressed all evidence obtained, effectively gutting the State’s case.
The Appeal and Ruling
The State appealed, asserting the video clearly showed a traffic violation. The Georgia Court of Appeals, Second Division, affirmed the trial court’s decision. The court emphasized that appellate review defers to the trial court’s factual findings unless clearly erroneous and construes evidence in favor of the ruling. After reviewing the dash cam footage, the Court found no basis to overturn the finding that Craig stopped legally and turned cautiously. Since no traffic violation occurred, the officer lacked reasonable suspicion, making the stop invalid and the suppression proper.
Why This Case Matters
State v. Craig underscores the power of challenging the legality of traffic stops in DUI cases. Officers must have specific, articulable facts to justify a stop; without them, evidence like breath tests or field sobriety results can be suppressed. The case also highlights the critical role of video evidence—dash cam footage can make or break a case, depending on how it’s interpreted. Finally, it reaffirms that trial courts have significant authority to resolve factual disputes, and appellate courts will uphold those findings unless clearly wrong.
Lessons for DUI Defense
This ruling offers valuable lessons for drivers facing DUI charges:
- Scrutinize the Stop: Always question whether the officer had a valid reason to pull you over.
- Even minor traffic violations must be substantiated.
- Leverage Video Evidence: Dash cam footage can contradict an officer’s claims, as it did here.
- Trust the Process: Skilled attorneys can use suppression hearings to dismantle the State’s case before trial
How George Creal Can Help
While we didn’t represent Craig, the strategies in this case mirror our approach at George C. Creal, Jr., P.C. We meticulously analyze every detail of a DUI stop, from officer testimony to video evidence, to identify constitutional violations. If you’re facing DUI charges, our experienced team can fight to suppress evidence and protect your rights. Contact us today for a free consultation to discuss your case.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for guidance on your specific case.
About the Author: George C. Creal, Jr. is a leading DUI and criminal defense attorney serving Cobb County and the greater Atlanta area. With over 30 years of experience and hundreds of trials under his belt, he is known for aggressive defense and personalized client service.
Learn more at https://www.georgecreal.com/dui-cherokee-county/