Question: I was stopped at a roadblock shortly after smoking marijuana. I did have it in my possession and my blood was tested. I had also taken an unprescribed Adderall previously that day. In my understanding, they must prove that I was a “less safe” driver because of the marijuana. How can this be done if I was stopped at a roadblock? Also, how will the Adderall come into play (if at all)?
Answer: Roadblock cases are often good cases to fight when you are charged with DUI. You are correct about the State being required to prove the “Less Safe” element. Because it was a roadblock and (hopefully) you didn’t exhibit any bad driving, the State won’t be able to show any “less safe” driving act. There are other numerous issues involved in Roadblock cases that may apply to your specific situation. But that can only be determined after a detailed interview by an experienced DUI Defense Attorney. Finally, there is a new case in Georgia that has specific application to DUI of Drugs cases that involve a Blood Test. You should consult with several experienced DUI Defense Attorney’s and retain the one that you feel will be able to best defend you in court. I hope this information is helpful to you. Good Luck!
– George McCranie
Offices in Valdosta & Douglas, GA