Everybody is innocent until proven guilty. This means when somebody is arrested the burden of proof lies with the prosecution. This is particularly important in a DUI case since the prosecution must use evidence collected by police to prove that the suspect was in fact intoxicated while driving. However, if the police were unable to properly collect evidence proving a suspect’s intoxication, the prosecution may have a more difficult time proving the defendant’s guilt in a court of law in Georgia.
This may have been the case in a recent car accident which resulted in one man facing DUI charges. The crash happened in late November and caused a power outage in the local vicinity. The police claim they had witnessed a vehicle swerving when changing lanes and decided to attempt to pull the vehicle over. The car allegedly attempted to flee and a car chase ensued.
The police believe they saw the car crash into a power line and noticed that the pole was broken in half while the wires were on the road. However, by the time the police caught up to the car, the driver of the vehicle had already fled on foot. The police found a beer bottle cap, a photo ID and a shoe lying in close vicinity to the vehicle.
The police did not end up arresting the DUI suspect until several days after the crash in Georgia. This means the authorities did not have a chance to administer a breathalyzer test or any other text for intoxication on the suspect. A lack of sufficient evidence could be a problem for the prosecution, especially if the defendant is able to properly articulate a strong legal defense against the criminal allegations.
Source: Duluth, GA Patch, Police: DUI Suspect Flipped Vehicle, Knocked Down Power Lines, Steve Burns, Dec. 6, 2013