Posted by duijim in on October 24, 2016
The charge of “failure to obey a person directing traffic” in the state of Georgia is one type of conviction that is frequently made against drivers who are also charged with driving under the influence of either drugs or alcohol. A recent example of how a failure to obey traffic charges can be made occurred in June when a Marietta man tried to pass a law enforcement officer who was directing traffic at the scene of a fatal crash in Smyrna.
After the motorist was pulled off the side of the road, a law enforcement officer noticed that the motorist smelled of alcohol and spotted an open beer on the floorboard of the vehicle. After the motorist was placed in the back of a law enforcement vehicle, the motorist attempted to bribe the officer with several hundred dollars and then some beer if the law enforcement officer would release the motorist and transport the motorist to a nearby gas station.
Although the motorist claims to have been joking when attempting to bribe the law enforcement officer, the man still faces charges due to this incident. In addition to failure to obey a person directing traffic charge, the motorist was also recently charged with bribery, driving under the influence of alcohol, reckless driving, and driving with an open container.
Applicable Georgia Law
Law in the state of Georgia makes it illegal for an individual to fail or refuse to comply with any lawful order or direction of authorized personnel. This personnel includes police officers, firefighters, authorized school-crossing guards, and law enforcement volunteers. Local law enforcement agencies have the authority to designate and equip volunteers with the authority to control traffic in case of an explosion, fire, hurricane, tornado, or other emergency situation.
To convict an individual of failure to obey a person directing traffic, authorities must demonstrate that an individual was:
- Operating a motor vehicle,
- The authority was authorized to control traffic, and
- The authority made a command that was disobeyed by the individual.
As a result of these requirements, individuals are able to defend against such charges by arguing that either the entity was not authorized to control traffic or the command was not disobeyed by the individual.
Resulting Penalties
Being convicted of failure to obey a person directing traffic can result in motorists having three points assessed against their Georgia driver’s license. Accumulation of points on a driver’s record has the potential to result in motor vehicle drivers facing suspended, canceled, or revoked driver’s licenses.
If a driver faces a suspended license, the driver must complete a defensive driver course and pay a reinstatement fee in order to recover their driver’s license. These charges also have the tendency to substantially increase a motorist’s insurance rates.
Contact a Knowledgeable Atlanta DUI Attorney
If you face a failure to obey a person directing traffic charge, a charge of driving under the influence, or any other type of driving under the influence associated charge, you likely need the assistance of a strong and experienced Atlanta DUI attorney like the legal counsel at Yeargan & Kert, LLC.