DUI: What About the Bottles and Cans in My Truck?

Posted by William H. Sherman on Sep 16, 2014 | 0 Comments

Question: I'll try to tell you the most important facts of my DUI arrest the other night.  I was driving home from Buckhead to my house in Marietta.  Two nights before my arrest, I was at Lake Lanier with some friends.  We brought beers, whisky, gin and vodka to the lake house.  Two of my friends work for a craft beer maker and one has invested in a craft whisky distillery in North Georgia.  I admit that we drank a lot.  But nobody got in a car, so nobody got a DUI.

But the next day we cleaned up and I put some of the beer bottles and booze bottles in my truck.  I didn't really think anything of it.  I was going to throw away the bottles when I got home.

But a couple of nights later, when I was driving home, I got stopped for DUI in Cobb County.  I had been drinking, but not very much.  Anyway, I refused the breath test.  When the Cobb County police officer looked in my vehicle, he asked me how much I had to drink and he said it looked like I “was drinking like a fish.”  My truck was impounded at an unguarded lot and when I went to pick it up the next day, the windows were down and all the bottles were gone.  The truck's doors were not locked.

I'd like to know if those bottles and cans in my truck will be used by the prosecutor.  It would look bad for me if they are used as evidence.

Answer: The prosecution may very likely seek to admit the bottles and cans into evidence against you.  However, you would argue, among other things, (1) that the bottles and cans were from a couple of nights before the arrest, (2) that the truck was subject to tampering because the windows were left down and the truck had been left in an unregulated and unguarded area overnight.

About Us

If you need an experienced and caring Cobb County DUI lawyer, we'll be there for you.  Call us anytime at 678-215-4106.  If you have a question for a DUI attorney in Cobb County, email it to us with some supporting facts (the more facts, the better our response) and we'll do our best to address it on our blog.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”