According to reports, Mark Steven Ridling, a 29-year-old resident of Marietta, was driving on I-20 East in the early morning hours of July 7, 2019, when he struck a car driven by Brian Betts, age 47, near Factory Shoals Road. The impact caused Bett's vehicle to go off the right side of the road, where it overturned. Betts was taken to Grady Memorial Hospital where he later died.
Riding received minor injuries when his car struck the median barrier. After being taken to the hospital, Ridling was transported to the Cobb County Jail. He is facing charged of DUI, first-degree vehicular homicide, following too closely, and reckless driving. Ridling remains in jail without bond. The fatal crash is still being investigated by the Cobb County Police Department, who asked that anyone with information call 770-499-3987.
A DUI is a very serious offense, especially where someone gets injured or killed. As a Cobb County DUI Attorney, I will talk about the DUI process in today's post.
What is considered a DUI?
OCGA 40-6-391 is the DUI statute and reads in its pertinent parts as follows:
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
DUI Process in Georgia
Though the facts and circumstances of any two DUI cases are not the same, courts usually follow the same basic steps in handling a DUI in Cobb County. These steps can include:
- Getting pulled over
- Performing a series of field sobriety tests
- Submitting a breath or blood test
- Arrest
- Bonding Out
- Selecting a DUI Attorney
- Georgia ALS Hearing
- Discovery Motions filed and reviewed
- Motions hearings such as a motion to suppress illegally obtained evidence
- Pre-trial conference with the judge and/or prosecuting attorney(s)
- Plea Bargaining / Plea Negotiations
- Bench Trial or Trial by Jury
- Ruling
- Appeal
As you can see, defending a DUI charge requires many court proceedings and appearances. This process can seem like a confusing maze of deadlines, rules, and statues to someone who is not prepared for the task of rigorously defending a case. Understanding how your case will proceed and what options you have can significantly affect the outcome of your case. Embarking on the journey with an experienced attorney will ease the stress and perplexity that often accompanies the handling a serious charge in Georgia.
Practice Note
The Attorneys at the Law Office of Richard S. Lawson specialize in defending DUI charges in Cobb County and can help you decide the best way to proceed with your case. Call our office to speak to an attorney now.
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