Recently, a vehicle in Georgia was stopped by aw enforcement because a child inside was not restrained properly. The driver and passenger in the vehicle were subsequently charged with possession of marijuana and drug paraphernalia. While speaking with the driver, law enforcement officers discovered the smell of marijuana coming from the vehicle. The driver admitted to having digital scales as well as a glass pipe. The vehicle’s passenger also told law enforcement that he was on probation.
A search of the vehicle by law enforcement later revealed a clear plastic bag that contained marijuana. A windbreaker jacket on one of the car’s seats was also determined to contain a marijuana grinder and another pipe. The driver was subsequently charged with driving without a license, driving on suspended tags, possession of marijuana, possession of drug-related objects, and child restraint violations. The vehicle’s passenger was charged with possession of marijuana.
If you are already on probation and are charged with a DUI or drug related offense, this can greatly affect both the terms of your probation. In these situations, it is often critical to obtain the assistance of a skilled criminal defense lawyer.
What Happens if You are Not Convicted of a DUI?
It is important to remember that being accused of a DUI in Georgia is considered a violation of the terms of probation, even if you are not ultimately convicted. While a DUI case will require prosecution to establish beyond a reasonable doubt that you were in control of a moving vehicle while under the influence of alcohol or drugs, the probation case will involve an entirely different standard of proof. In a probation case, the prosecution will be required to establish by a preponderance of the evidence that you were more likely than not in physical control of a vehicle while under the influence of alcohol or drugs.
How a DUI can Impact Probation
The exact way in which a DUI conviction will affect probation depends on a number of unique circumstances. If a person is arrested while on probation, this can result in a separate arrest for probation violation because a person will be viewed as having broken the law.
When it comes to probation violations, the standard of proof required by prosecution is much lower than in many other types of crimes, which means that it is often easier for a probation officer and prosecutors to convict a person of a probation violation than of a criminal offense.
The burden of evidence that is used to determine a probation violation in Georgia is a preponderance of the evidence, which means that the prosecution must establish that the defendant is more likely guilty than not guilty – a 51% chance.
Speak with a Georgia DUI Lawyer
When Georgia DUI charges arise, the resulting penalties can be particularly serious. The penalties that you end up facing can be even more serious if you have previously been charged with a DUI or are currently on probation for other crimes. As a result, in these situations it is often a wise idea to obtain the assistance of a skilled DUI defense attorney. Contact Yeargan & Kert, LLC today to schedule an initial free consultation.