In Johns Creek: I Didn't Think the Police Officer Could Pull Me Over

Posted by William H. Sherman on Apr 24, 2014 | 0 Comments

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.

Please call us directly at 678-215-4106 so that we can discuss your matter in greater detail.  We are available 24/7 to answer any questions.

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.


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