Question: I got arrested for DUI in Johns Creek.  But I don't think I should have gotten stopped by the Johns Creek police officer.  I was driving home from tennis team practice.  I was tired and I dropped my cell phone in the car while I was driving.  I was telling my husband what to buy at the grocery store.  But I dropped the phone and it went under my seat.  I was driving home and we also live in Johns Creek.  The cop saw me swerve and pulled me over.  I did tell him that I had some wine.  But the ladies and I always have a couple while we practice tennis.  I said I had two glasses of red wine.  Finally after we talked and I did some stuff he arrested me for DUI.

Can he stop my car just because I dropped my phone?  I told him that and I said you can't stop a car just because someone dropped a cell phone.  Can he stop me for that?  It just doesn't seem fair.  It's not like I hit someone.

Answer: The Johns Creek police officer did not stop your vehicle based upon your cell phone being dropped.  It appears that you swerved while trying to locate your cell phone and the cop observed that and pulled you over for failure to maintain lane.  An officer can stop a motorist if the cop observes you swerving or not driving in your lane of traffic.  Because failure to maintain lane is a crime, and the officer saw you swerve, he can initiate a stop to write a citation.  In fact, a police officer can legally stop your car for any observable violation of Georgia law.  As for the DUI arrest, we would need to know more of the facts involved.  Telling an law enforcement officer that you had been drinking wine likely aroused suspicion that you might be a less safe driver because of drinking alcohol.  He probably thought that your swerving was due to the effects of alcohol as opposed to merely searching for your cell phone under the seat of the car.

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