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Should DUI UTC and incident report state more reasons for arrest than the statute and that an investigation was had commenced?
Anonymous3 views4 answers
I was arrested, without a warrant, at my home one evening. 2 Sheriff Deputies pulled in my driveway (little hick county). I was told by police that my neighbor saw my Mom's truck had pulled off to the side of my dirt road. The interrogating officer asked if I had been drinking and demanded that I take a breath test (alco-sensor), or he would arrest me. When I refused to take the breath test, he arrested me. The UTC only states that I violated OCGA 40-6-391 (a) (1) [DUI less safe] with the only remarks being "Driver refused to take state test." The incident report narrative has one sentence: "Deputy responded to area of 400 block of Pine Valley Rd. in reference to possible drunk driver." Police denied my open records request for 911 call (GA Atty Gen. agreed with me- investigating).
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
Whether or not any of this is proper is not relevant. The fact remains that it DID happen. Therefore, that is the only reality you are now facing. I would highly recommend that you hire a good DUI lawyer to assist you with this as you may have a defense here. Also, you should be aware that you have only 10 business days in which to request an ALS hearing through the DDS. This fact demands that you seek counsel immediately.
No. These documents do not have to say more. There should be a more complete police report somewhere. However, if this is all they have they have a very weak case.
Unfortunately no, all the UTC has to state is what you are arrested for. The report that you received was redacted; the report you would get through discovery will be fully detailed.
They probably have a more detailed report that you have not seen. You need to hire a DUI attorney to file a motion for discovery so you can see if there is another report available. Sounds like the State may have a weak case.
