Woman Arrested for DUI and Child Endangement in Cobb County

Yesterday, in Marietta, GA, Maria Michelle Baylor, 35, was stopped by Cobb County law enforcement for driving over 90 miles per hour on 1-75 southbound near Delk Road.  Baylor was passing through Cobb County reportedly coming from her home in Jackson, TN.  When Cobb County officers stopped her Chevy Impala for speeding, they noticed that Baylor's eyes were red, her speech was slurred, and there was an odor of alcohol.  In addition, there were four minor children under the age of 14 in the vehicle. 

Cobb County DUI officers asked Baylor to submit to field sobriety tests.  According to sources, Ms. Baylor did not perform well on these evaluations.  Cobb officers then asked Ms. Baylor to submit to a breathalyzer.  Baylor allegedly refused the breath test.  Before Baylor was taken to jail, she reportedly threatened the Marietta police officer making the arrest.  A story in the AJC states that Baylor told Marietta officer Michael Gardener that his head was going to open up and his brains were going to come out. 

Baylor faces serious charges in Cobb County, GA.  In addition, to a DUI charge, she is facing four DUI - child endangerment charges.  In Georgia, an additional DUI count is given for each child in the car under the age of 14.  These DUI counts do not merge together.  So Baylor is facing multiple DUI charges.  This may make her face felony DUI treatment.  Under Georgia's DUI statute, DUI offenders are not eligible for first offender treatment.  Baylor is facing significant jail time, multi-year Georgia driving privileges suspension, and hefty fines and fees, as well as a felony conviction.  She is also facing a felony charge for terroristic threats for making a threatening remark to a Marietta police officer. 

As significant as Baylor's charges seem, she is innocent unless proven guilty.  No DUI case is hopeless.  There are many defenses that a skilled Cobb County DUI lawyer can utilize in DUI and DUI - child endangerment case.  In this case, Baylor did not submit to a breath test, and the breath test if often the key evidence that the Cobb County prosecuting attorney has in the case against the driver.  Marietta prosecutors must prove that Baylor was an unsafe driver due to intoxication by drugs or alcohol.  However, there may have been other reasons why Baylor was speeding.  People speed everyday in Cobb County and in most instances, the speeding has nothing to do with being drunk! 

The Cobb County law enforcement officers responding to the scene will be the main witnesses against Ms. Baylor.  Without the breath test, they will have to rely on their observations of her  - bloodshot eyes, slurred speech, and an odor of alcohol - as well as her performance on the field sobriety test, to prove that Baylor was drunk or on drugs to the extent it was unsafe for her to be driving.  This can be a tough burden and a good DUI lawyer will challenge all aspects of this.  For example, there are many reasons why a drivers eyes may be bloodshot that have nothing to do with drunkenness.  Sleep deprivation or allergens also cause bloodshot eyes.  Slurred speech may be difficult for a DUI officer to discern accurately as he is unfamiliar with the way that Ms. Baylor speaks generally.  And the odor of alcohol alone does not mean that someone is a drunk driver.  It is not illegal to drink and drive in Marietta, GA, it is only illegal to be over the legal limit.   

The field sobriety tests are often improperly administered by law enforcement.  Cobb County DUI lawyer Richard Lawson and his staff of associate attorneys have all been training in the proper techniques of field sobriety testing.  They know what to look for in a video or report of a DUI arrest and how to challenge the validity of the tests.  Mr. Lawson if a former DUI prosecuting attorney, so he knows the play book that solicitors and district attorneys use in making the case for DUI against Cobb County drivers.   

If you are facing a Marietta, GA / Cobb County DUI, call Cobb DUI lawyer Richard Lawson for a free consultation.  Mr. Lawson and his team have over twenty years experience getting the best possible results for clients in misdemeanor and felony DUI cases.  Whether your goal is to negotiate the best possible plea bargain and save your license or to fully contest your case with motions and a jury trial, we offer a full service, comprehensive Cobb County DUI case defense.  Our office never closes, so call our 24 hour line tonight to discuss your case.  In DUI cases, time is of the essence as there is a limited window to appeal suspension of your Georgia driving privileges.  Make sure to  contact a Cobb County DUI attorney as soon as possible following your arrest to best preserve your rights and defenses.