Georgia  |  DUI Law

Legal Question

Asked on: 2/02/03, 7:56 pm

.06 DUI Less Safe?

I was pulled over by an officer who had previously arrested me for DUI about 5 years ago. He said he stopped me because he saw the passenger in my vehicle take a drink from a beer can. Which by the way was in a container covering the label of the can. After writing a ticket to the passenger for the open container and having him do the breathilizer test he began to question my sobriety. I had no open containers but I performed the requested field sobriety test. After blowing a .06 he arrested me for DUI less safe. At the time of arrest he coincendtally asked me ''Didn't I arrest you about 5 years ago?'' Then he let the passenger drive my truck home.

I did not receive any other ticket to prove that I was less safe (ie- running a stop sign, swerving, etc.). How without a ticket to prove that I was ''less safe'' by me, the driver, doing something ''less safe'' could I be charged and convicted of it?

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