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Driver Eats Evidence in DUI and Pot Possession arrest

According to statistics from the National Highway Traffic Safety Administration (NHTSA), 2,597 people were killed in United States traffic accidents in December 2010. Of those, 775 deaths involved alcohol-impaired drivers. A 2006 study by the NHTSA estimated that there is one drunk driving fatality in the United States every 30 minutes.

Georgia's Driving Under the Influence Laws are complex. Georgia DUI injury attorney Shane Smith can sort through the intermingled laws that potentially create complications in a DUI case.

A 33-year-old woman in another state crashed her truck into another car, causing her truck to lose a tire. The woman continued driving on three tires before crashing into a ditch.

According to the police report the arresting officer smelled alcohol and the woman's eyes were bloodshot. The woman refused to speak, do field sobriety tests or a breath test. She was read her rights and arrested for misdemeanor DUI.

Officers then searched the woman's truck and discovered a plastic bag with 12 grams of marijuana. The woman was handcuffed and placed in a patrol car where she was told she would also be charged with marijuana possession.

The woman requested the flip flops that were left in her truck and the arresting officer left the woman in the back of his patrol car. While he was retrieving the flip flops the woman slipped out of the handcuffs and grabbed the marijuana bag. She proceeded to eat the marijuana, placing the bag in the center console before the officer returned. He noticed something was amiss when the woman scratched her nose with an uncuffed hand. Approximately one gram of marijuana was left in the bag and pot crumbs were found on the woman's hands and on the seat next to her.

The woman denied eating the marijuana but her actions were captured on the patrol car's video. She was booked on charges of tampering with evidence, possession of marijuana, driving under the influence, leaving the scene of an accident, possession of drug paraphernalia and resisting an officer without violence.

If you have questions about Georgia DUI laws, get the answers in Clayton County DUI injury attorney Shane Smith's book, I Was Hit By a Drunk Driver: What Do I Do Next? Contact the Law Offices of Shane Smith to schedule a free legal consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia