Posted by Jim Yeargan in DUI Laws on August 11, 2016
Motorcyclists are particularly susceptible to the dangerous situations created by drivers who operate motor vehicles while intoxicated. This danger was demonstrated recently when a motorcyclist was struck while traveling on Highway 101 by an intoxicated motor vehicle operator.
The collision occurred when the motor vehicle crossed the center line on Highway 101 and struck the motorcycle, which was traveling in the opposite direction. The motorcyclist was taken to a medical center and died of injuries the following morning.
This accident repeats some common elements of motorcycle accidents. These events are often catastrophic in nature and lead to substantial injury or even death. Because everyone in the State of Georgia bears the responsibility of preventing motorcycle accidents, it is important to understand the substantial threat the driving under the influence poses to motorcyclists.
Motorcyclists And Georgia DUI Law
In the state of Georgia, motorcyclists are required to follow the same laws as individuals who operate motor vehicles. Motorcyclists must be adequately drive a motorcycle. Motorcyclists must also obey all traffic rules including various Georgia state laws related to drinking and driving.
Motorcyclists in the state of Georgia, however, are still affected by motorcycle laws in two ways: some motorcyclists are injured while driving under the influence and other motorcyclists are injured by other drivers on the road who abuse alcohol.
Ways That Motorcyclists Can Fight DUI Charges
When motorcyclists are faced with potential DUI charges, there are two techniques that often utilized to fight against these charges.
- Chemical Tests. In the state of Georgia, motorists who refuse to take a sobriety test are faced with a one year license suspension. Based on the degree to which one is intoxicated, sometimes it is more beneficial to refuse the sobriety test and take a mandatory suspension than to face the consequences of a DUI charge.
- Inaccurate Test Results. Individuals facing a DUI charge can challenge the accurate nature of breathalyzer tests by Georgia law enforcement. In many situations, individuals can often challenge DUI tests which require that strict guidelines be met in order to be accurate in nature. As a result, individuals sometimes succeed in having charges dismissed because DUI test results are not accurate.
Compensation For Motorcycle DUIs
When motorcycle accidents occur involving motorists who were driving under the influence, compensation can obtained from a variety of parties including cities, corporations, insurance companies, or even the state. The responsibility lies on the victim of the accident to bring initiate a legal proceeding within the specified time period. Individuals who fail to act in a timely manner might find that the case is barred and the victim loses the right to compensation.
How Legal Counsel Can Help
If you or a loved one was involved in a motorcycle collision involving a DUI charge, experienced legal counsel can help in several ways. A talented DUI attorney can make sure that clients obtain medical assistance, receive compensation for any injuries or damages incurred from the accident, and that a victim’s rights are zealously fought for in a court of law. Do not hesitate to contact the knowledgeable DUI attorneys at Yeargan & Kert today.