Reality TV star Karen Huger (Real Housewives of the Potomac) was charged with DUI after she “crossed a median and struck street signs” in her 2017 Maserati, according to the Montgomery County Police Department in Maryland.
Huger was alone in her vehicle when the crash occurred and she was not injured, police said. Police filed charges a day after she was “driving aggressively” and lost control of her vehicle, they added.
In response, Huger said that, earlier that night, she had dinner with a friend, during which the women “brought up some very emotionally sensitive topics.”
“I was crying on my way home and saw a car heading right for me,” she stated. “I swerved to avoid the head-on collision, hit the divider and then a tree. I’m hurt, bruised up a bit, but so grateful I am alive!”
The “D” in “DUI”
Do not overlook this element. Driving the vehicle is very easy to prove in some cases, and almost impossible to prove in other cases, especially DUI-collision cases.
The state must prove every element of the offense beyond any reasonable doubt. If the arresting officer saw the defendant behind the wheel, or at least saw a figure behind the wheel and that figure didn’t move, the defendant was obviously driving the vehicle.
However, when officers respond to a collision report, by the time they arrive everyone has usually exited their vehicles, if they were physically able to do so.
If Bill and Ted were both in the at-fault vehicle, unless another witness saw one of them driving at or near the time of the wreck, it’s impossible to prove that Bill or Ted was driving at the time.
This not-driving defense only holds up in court if defendants immediately assert their Fifth Amendment right to remain silent. If Bill or Ted tells an officer he was driving, that statement is admissible in court. If Bill or Ted told another witness he was driving, and that witness testifies in court, that testimony is probably admissible as well.
This defense is effective in many cases. Frequently, the judge rules on this issue after a pretrial hearing. A favorable ruling gives a Marietta criminal defense lawyer a tremendous amount of leverage during plea negotiations.
On a related note, “driving” and “operating” a vehicle are basically synonymous in Georgia. A DUI could hold up in court even if the defendant was passed out behind the wheel in a parking space.
The state must prove the vehicle was in a public place. A private driveway is not a public place. Prosecutors must also prove, beyond a reasonable doubt, that the vehicle was in good working order (e.g. had gas, tires were inflated, battery was charged, etc.). Police officers are not auto mechanics, so they rarely take notice of these things.
The “UI” in “DUI”
An “I was upset” defense, like the one on the above story, could hold up in court as well. Driving under the influence of alcohol or drugs is illegal. Driving under the influence of anything else is dangerous, but not illegal. Some examples include:
- Emotional Distress: Positive and negative feelings often overwhelm people. The primary effect is poor concentration. When people are very upset or very elated, they cannot focus on anything else, including driving. Common examples include people who just had a bitter argument with a spouse or are celebrating a sports championship.
- Fatigue: Emotional distress could be negative or positive, and fatigue could be physical, mental, or both. Drowsiness, like alcohol, affects judgment ability and motor skills. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. Mental fatigue often affects the Field Sobriety Tests. When people get tired, they cannot follow directions well.
- Clumsiness: This impairing condition could be temporary or permanent. A moderate illness, like the flu, cuts driving skills in half. People recovering from injuries are not at their best either. That’s why hospitals instruct discharged patients to get rides home. Physical or mental clumsiness could be a permanent condition as well.
In mixed situations (e.g. Phil had a few drinks because he had a fight with his wife), the state must usually prove that alcohol substantially caused impairment. Therefore, circumstantial evidence of alcohol consumption, like an odor of alcohol, must be very strong.
What to Expect in a Cobb County DUI
First and foremost, expect to pay a lot of money. The direct and indirect costs could exceed $15,000. These costs are spread over four possible proceedings.
Administrative License Revocation
If the defendant fails a chemical test or refuses to provide a sample, the state automatically begins ALR proceedings. That’s bad news and good news.
The bad news is that the state must only prove officers had probable cause to demand the sample. Furthermore, ALR proceedings aren’t criminal proceedings. Therefore, key Constitutional protections, such as the aforementioned Fifth Amendment rights, don’t apply.
The good news is that, win, lose, or draw, ALR proceedings let Marietta criminal defense lawyers cross-examine arresting officers under oath. This valuable discovery usually costs hundreds of dollars, if it’s available at all. Furthermore, if the administrative law judge suspends the defendant’s license, a hardship license is usually available.
Property Forfeiture
These civil proceedings are rare in DUI cases, but under Georgia law, police officers have the right to seize any property used in the commission of a crime, such as the vehicle a DUI defendant was driving.
Usually in these cases, a Marietta criminal defense lawyer negotiates a buyback. Most used cars have practically no fair market value, and their auction sale value is even lower.
Criminal Trial
As mentioned, the state must prove every element of the offense at trial beyond any reasonable doubt. That’s the highest standard of proof in the law.
Also as mentioned, most criminal cases settle out of court. These agreements often feature reduced charges, such as a reduction from DUI to reckless driving. Like DUI, reckless driving is a misdemeanor. Unlike DUI, reckless driving has few collateral consequences, such as strict probation requirements.
Probation Issues
These probation requirements often include random drug tests and other burdensome restrictions. Just like a Marietta criminal defense lawyer can negotiate before trial, a lawyer can also reduce these restrictions. IN fact, unsupervised probation may be available in some cases. If the defendant has a good record, most judges are willing to eliminate most or all conditions about a third of the way into the probationary period.
DUIs may be the most intricate criminal cases in Georgia. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
