Powder Springs, GA asked in Car Accidents and DUI / DWI for Georgia

Q: Is an accident, red eyes, odor of alcohol and swaying enough to arrest for probable cause?

No field sobriety tests or chemical tests were done and the crash caused the defendant to break her foot and hand.

- Can the crash be used as a defense for the alcohol symptoms of swaying and red eyes since the airbag deployed?

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1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Georgia

A: The accident itself is not sufficient evidence alone. The red eyes and swaying could definitely be attributed to the airbag and the accident. The odor of alcohol will have to be defended more rigorously. There are certain questions to ask the officer that can expose the officer's inability to actually detect the smell of alcohol. Schedule a free consultation to make sure you formulate the best defense.

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