Non-Moving Violations and Atlanta DUI Arrest
Most violations issued for violation of traffic laws are moving violations. These include speeding, failing to move over for an emergency vehicle, or driving under the influence. Non-moving violations are usually that don't involve how the driver was driving, but are violations of other laws. In many cases, a non-moving violation may lead police to stop the driver, and discover the driver is intoxicated leading to a DUI arrest.
Common non-moving violations under Georgia state law include:
- Driving with expired or invalid vehicle registration;
- Having expired license plate;
- Having no license plate, or a not clearly visible license plate;
- Having an expired inspection sticker;
- Broken tail light;
- Burnt out headlight;
- No seatbelt;
- Tinted window violations;
- Illegally parking in a handicap spot; or
- Parking in a red zone.
Penalties for most non-moving violations are relatively minor. They usually involve paying a fine, or be required to fix the violation. While many of these seem to be minor crimes, for a driver who has consumed alcohol, these may give the police a reason to pull you over for questioning where they may suspect you were under the influence which can lead to an arrest.
Especially during the late night and early morning hours, Atlanta police and the Georgia State Patrol are on the lookout for intoxicated drivers. If they see a car that is showing some kind of non-moving violation, they may use the violation as justification for the opportunity to stop the car to determine if the driver may be impaired. Many DUIs begin with a driver pulled over for a broken tail light, or burnt out headlight.
The police need some reason to pull over a driver. They need some articulable reason to justify the temporary stop. In the case of suspected drunk drivers, their observations of unsafe driving such as speeding, straddling lanes, or erratic driving may signal the driver may be impaired.
However, in many cases, the car could be operating safely, as the proper speed, with proper lane changes and reaction to traffic signals. The police don't have a reason to suspect drunk driving in this case. But if their license plate is obscured, or a light is out, they can stop the driver for this violation. The police may only discover alcohol is involved after speaking with the driver about their non-moving violation. At that point, they will continue the investigation based on the smell of alcohol, slurred speech, or visibly seeing alcohol or drugs in the car.
After an Atlanta DUI Arrest
If your non-moving violation led to a DUI arrest, before pleading guilty, you still have the chance to keep your record clean. An arrest does not have to lead to a conviction. There are many cases where the police didn't properly inform or instruct a driver before a DUI arrest, which can result in reduced charges or having your case dismissed. Contact an experienced Atlanta DUI attorney who has dedicated their professional career to defending people charged with DUIs. Call me today so we can talk about what happened when you were arrested, and I will fight for your rights.