Question: I never thought I'd get a DUI. But I got stopped in Sandy Springs. I'm not sure if I should have even been stopped. I was driving my Ford F-150 on Roswell Road and I got pulled over by a Sandy Springs police officer. I wasn't even sure why I was stopped. But the cop said that I had to have a seat belt on. I argued with him because I don't think you need to wear a seat belt in your truck. The argument got heated because I thought the cop was wrong. I probably shouldn't have called the cop certain names.
The cop noticed that I had a few empty beer cans and he could smell my breath which did have alcohol because I had been drinking some brews and some rye whiskey. I got out of my pickup and did some tests like walking a line and he looked at my eyes. I did take a breath test at the jail and I was over the limit by a lot.
I'd really like to know if the officer had a right to stop me for not wearing a seat belt in the pickup. What's the law in Georgia? I asked some friends and I got a bunch of different answers. I don't want a DUI and now I have to go to Sandy Springs Municipal Court to answer these charges.
T.D. in Sandy Springs.
Answer: In June of 2010, the exemption for seat belt use for drivers of pickup trucks was ended. Before then, drivers of pickups did not have to wear a seat belt. Georgia's law provides that if you are in a pickup truck, you MUST buckle up your seat belt.
In fact, the law specifies that each occupant of the front seat of a pickup truck shall be restrained by a seat belt while the vehicle is operated on a public road, street, or highway. So if you were driving on a non-public road (for instance on your own property), then you would not be required by law to wear a seat belt.
When you need the highest quality legal representation for a DUI in Sandy Springs, we're here for you. Your choice for your Sandy Springs DUI lawyer is crucial. That's why our knowledge, experience and track record is key to your defense. We're always here for you, day or night. Just call us at (678) 215-4106.
Our experience benefits you. We've served as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney.