Question:  I don't think it's fair that I got a DUI in Woodstock, GA this weekend. I was drinking and I was driving, that's all true. But I'm not the only one who does that; I'm not the only person who drinks and drives in Cherokee County and the city of Woodstock. It's actually very common and most of our friends drink and the ones that say they don't, well they probably drink the most. Sorry to be cynical, but that's what I think and that's my opinion.

 My husband and I drink and drive after we have lunch and dinner and sometimes even breakfast, especially during the holidays when everyone parties a ton.

I've been drinking since I joined that University of Georgia sorority in college and my husband has been drinking heavily since his time at Duke University. We know how to drink and we know how to drive and I think we're safer than most people.

I'm venting because so many people drink and drive and the cop just pulled us over. I'm sure he could have stopped many other cars and they would have been DUI too. But the Woodstock police officer chose us.

So now I have to deal with a DUI and I don't think it's really fair.

P.P. in Woodstock, GA

Answer:  I don't doubt what you're saying. Certainly, many people drink and drive and a police officer has discretion to stop cars. A cop can only stop a motorist for a reason. The police must have probable cause or a reasonable suspicion that a crime is being committed. That crime can be something rather “minimal,” like speeding or failure to maintain lane, which, of course, are crimes under Georgia law.

So a cop can't just pull over a car. The police official must have a reason to do so. We would want to determine why you were stopped, since you don't mention why you were pulled over.

The fact that other people are driving drunk and you were the one arrested is not a good legal defense. We can build a defense for you based upon a review of the evidence. We'd want to analyze the police report and other documents related to your case, and we'd want to analyze the video of your stop, of you performing field sobriety tests and of your arrest. 

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