A Georgia woman now faces a significant prison sentence as the result of a DUI and a fake cancer diagnosis. Abbey Arthur was sentenced to ten total years, with two to be spent in Georgia State Prison and the remaining eight to be served as probation.
Arthur set up a crowdfunding page which claimed she was in need of money because of a cancer diagnosis. She also claimed in the defense of her DUI case that it was the prescription medications for her cancer treatment that caused the DUI.
Police later discovered that Arthur's story was completely false. She then pleaded guilty to theft by deception and forgery.
In addition to her prison and probation term, Arthur was ordered to pay approximately $1,000 in fines, perform forty (40) hours of community service, and have her license suspended for 120 days after her release from prison.
There are many defenses that can be raised to your DUI charge that will be far more successful than a fake cancer diagnosis (which is never recommended). With the help of an experienced Cobb County DUI attorney, you can present a legitimate defense which will protect your constitutional rights.
Legal Defenses to DUI Charges
Various legal defenses can be raised depending on the facts of your particular case. An experienced DUI attorney can tailor these defenses in ways to protect your individual rights, and challenge the prosecution's case.
Challenging Blood, Breath, and Urine Tests
When an officer suspects a driver is intoxicated, he will likely first subject the suspect to a roadside breathalyzer test. These tests are not known for their accuracy. Far from it. In fact, they can easily be as far off as 0.02%, which can easily throw you "over the legal limit" when in fact you were below it.
Other tests which occur at the station can also be challenged. Georgia law recently changed so that refusal of a breath test cannot be used against you as evidence in court. As a result, Georgia law enforcement are obtaining more warrants for blood and urine samples from suspects. These tests must be conducted properly, and failure to follow protocol can be the basis for a defense.
A suppression motion, or motion to suppress evidence, is filed by your attorney when evidence that the prosecutor wishes to use against you was obtained improperly. For example, an illegal search that finds drugs in the car may cause the evidence found (the drugs) to be kept out of trial. This will make it harder on the police to prove any intoxication.
Field Sobriety Tests
Field sobriety tests such as the walk and turn test or the one-leg balance test are extremely inaccurate. They often lead to false positive indicators of intoxication. A knowledgeable attorney can attack the validity of these tests, and show how you were not intoxicated at the time of your arrest.