Former United States Congressman Tim Mahoney was arrested in Florida on Saturday on DUI charges. Law enforcement officers found Mahoney asleep in his car. No further information was released.
If this incident had happened in Gwinnett County, prosecuting attorneys would have to prove that Mahoney was recently in control of the automobile. It is not illegal to drink and drive in Georgia. Furthermore, it is not illegal for people over the age of 21 to drink. Presumably, someone can drink in their car and not have recently driven the car. Or they could have driven and then began to consume alcohol. These are tough DUI cases for prosecuting attorneys to win in Gwinnett County.
Trial attorneys at the Gwinnett County office of DUI defense lawyer Richard Lawson have experience successfully defending people accused of DUI when there were no officers who witnessed any driving. Even if there is circumstantial evidence of driving, the Gwinnett Co. DUI prosecutors have a hard time proving their case for DUI beyond a reasonable doubt. Oftentimes, the driver may be guilty of violating open container laws, but it does not rise to a level to support a driving under the influence conviction.
Call Gwinnett County DUI lawyer Richard Lawson for a free case consultation on how you can get your case the best possible outcome.