Dwayne Pope was pulled over by an Alpharetta, GA officer on Sunday, November 11, 2018, after he was caught up in a chase in which he reached speeds of 155 mph. The Alpharetta officer was traveling southbound on Georgia 400 near Mansell Road at around 3 A.M. At that time, Pope's car raced by at more than 105 mph in a 65 mph zone.
The officer began to follow Pope and activated her lights and siren in an attempt to pull Pope over to the side of the road. Pope did not stop. During the chase he reached up to 155 mph while weaving through traffic, braking several times but never stopping.
Suddenly, and with no warning, Pope slammed on his brakes, going from approximately 150 mph to nothing in only a few seconds. When the officer finally was able to talk to Pope, he stated to her that he only had three shots of champagne. What the officer observed though, was a man with bloodshot eyes and eyes that were both watery and glassy.
He further stated, while smelling of alcohol, that he did not hear the sirens or see the blue lights following him. He was put through several field sobriety tests, failing each of them. He was taken to jail and booked on driving under the influence (DUI), speeding, failure to maintain lane, and expired tags.
Speeding Can Lead to DUI
Speeding in Georgia--while not permitted and is a crime--is typically not a serious issue. It may result in some fines, a warning, or the addition of points to your license. For most people who speed on Georgia's roads, this is about as far as it goes.
However, when an intoxicated driver is involved, a simple case of speeding can turn into a whole lot more. In Georgia and throughout the United States, law enforcement officers must have probable cause to initiate a traffic stop. They cannot simply pull you over because they think you may be intoxicated but must have some other valid reason to pull you over, such as a traffic violation.
Speeding is a very common reason for pulling over an individual as the initial reason for a suspected DUI stop. In the case of Pope, it is hard to question the officer's justification for pulling over a driver traveling in excess of 100 mph.
Challenging an Officer's "Pretext"
However, sometimes officers come up with a "pretext" or excuse to pull over a person that is not supported by the facts of the case. When police officers do not actually have cause to initiate the traffic stop and do so anyway, the stop is illegal.
Any findings that come as a result of that illegal stop can be challenged, and thrown out. As a result, your charges could be completely dismissed in some cases. In others, it may limit the evidence law enforcement has available, leading to a reduction in charges.
Consult a Cobb County DUI Attorney
If you or someone you care for have been arrested for DUI in Cobb County, GA, an experienced Cobb County DUI attorney can help defend your case and your rights. Contact us today for a free consultation.