Every case has its own unique set of facts and circumstances. These facts and circumstances will affect the type of things that a driver can be charged with and may also ultimately affect sentencing. One particular Georgia driver is learning this after making the unfortunate mistake of driving while under the influence.
11Alive News reported that last week, 30-year old Amber Martin was driving with her two children in her vehicle. The children are aged 5 and 8 and were unharmed from the night's events. Martin was spotted by a police officer after he witnessed her make an unsafe lane change and attempted to pull her over. However, Martin didn't yield and stop her vehicle on the side of the road. Rather she took off on a short high-speed chase that lasted six minutes.
The chase came to end when an officer executed a PIT maneuver. According to 11Alive News, “Martin's vehicle, an Infinity, then spun to stop, striking a nearby Gwinnett police car.” She was taken into custody after exiting her vehicle. One officer states that she “appeared to be under the influence of drugs, and said drugs were found in the vehicle” as well. After Martin was arrested, officers found the kids in the car. Officers later released the children into the care of their stepfather.
Because of the circumstances of her case, Martin is facing numerous charges including: “DUI-drugs; fleeing or attempting to elude a police officer; reckless driving; violation of the Controlled Substances Act; and two counts of endangering a child by DUI.” She is also charged with “numerous traffic citations.”
Multiple charges can lead to greater penalties. For example, in Georgia DUI Child Endangerment is treated like another DUI offense. In addition, a person can be charged for each child in the car at the time of his or her arrest. This means that, as in Martin's case, if there are two children in the car then the driver can end up facing two DUI child endangerment offenses as well as a charge for operating the vehicle while intoxicated. This means the driver has really been charged with three DUI offenses, not one. If an individual is convicted of all charged offenses, then the driver will be facing the penalties for a third DUI offense.
The penalties for a third DUI are harsher and more severe than the penalties for a first or second DUI offense. In addition to a higher fine, the term of probation is longer and an individual may also have to spend at least 15 days behind bars. In addition, a third DUI offense can result in an individual being declared a habitual violator which may result in a lengthy license suspension.
If you have been charged with a DUI or any other related offenses, please do not hesitate to contact the Law Offices of Richard Lawson. Let an experienced and knowledgeable DeKalb County lawyer fight for you. Call the office today at 404.816.4440 or contact the firm using the online contact form.