Jan 19, 2016
Burden of Proof Increasing for Prosecutors
Though laws vary from state to state, one can get a sense of the direction of the law by looking at cases in other states. In Georgia, the courts have made it more difficult for prosecutors to bring DUI charges against drivers. In Atlanta a man was arrested on suspicion of DUI because his eyes were "watery" and his breath smelled, slightly, of alcohol.
Though he answered questions lucidly and passed a balance test, he was nonetheless arrested and charged with DUI. A judge ruled that watery eyes and a smell of alcohol were not sufficient grounds to be arrested for DUI and the judge ordered his license reinstated.
If you are charged with DUI, make sure you document what tests were performed and the reasons why you were arrested. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call The Law Office of C Jordan Handy for aggressive and experienced legal defense.