To most Atlanta Braves enthusiasts, The Battery Truist Park is the place to be on and off game day. The colourful mixed-use project provides open containers within its premises, an infinite number of bars, and a party-like environment that many times persist even after the closing. When the night is ended many of the responsible patrons know they had a few too many drinks and make the choice out of not driving. Instead, they are willing to walk to their car, maybe in the Red or Orange parking decks, to sleep it off then go back home.

Even by the law of Georgia such a responsible decision might lead you in the handcuffs with a DUI.

This is a very typical trap to the residents of Cobb County and all their surrounding. Unless you can afford to be arrested on the charge of DUI trying to do the right thing of being safe, then you need an Atlanta DUI Lawyer.

Actual Physical Control vs. Driving.
The main factor that contributes to the fact that sleeping it off is an enormous legal trap is the definition of DUI offense. The primary DUI law in Georgia (O.C.G.A. SS 40-6-391) does not also stipulate that you must be physically driving a vehicle to be charged; they just have to be in actual physical control of a moving vehicle whilst under the influence.

Actual physical control is an extremely flexible point that is viewed widely by the Cobb County law enforcement and prosecutors. Even a parked vehicle is considered as a moving vehicle. The officers are on the lookout of drivers sitting in parked cars when they are patrolling the multi-level parking decks of The Battery and display signs of intoxication.

When a policeman comes to your car and you are in a position of the driver with the keys in any place, including the engine being off and keys in pocket, cup holder or dashboard, he will claim that you have the power to move that car. This, in itself, may be enough to have you arrested and charged with a DUI, and this will put you in a scenario where a simple gesture of safety will result in very harsh criminal ramifications and will require immediate response on your part through the services of a DUI Attorney Atlanta.

The Prosecution Environment of Cobb County.
Being arrested in or near The Battery places your case under the jurisdiction of Cobb County who has some of the most stringent policies of prosecution of DUI cases in the metro Atlanta region. The prosecutors in the Cobb County are reluctant to reduce a case of DUI charge to that of reckless driving, unlike some smaller municipal courts, particularly when a breathalyzer test result reaches or exceeds the legal limit.

Due to such a strict topography, it is important to struggle against the argument of the real physical control. Specific defense strategies could be employed by a special DUI Lawyer Atlanta to force the state to prove that you were intending to run the vehicle. The fact that you were lying down, using a pillow, blanket, slept long and that your keys had been stowed away (in the glove box or center console and not in the ignition) can all be utilized to prove that you were not using the car to get somewhere, but merely to sleep.

In Your Defense of Your Choice of Responsibility.
It is also frustrating and life changing, when you attempted to make a responsible choice and then you are arrested. The relationship with a seasoned Atlanta DUI Attorney is one that involves a transformation of the story. We do so in order to demonstrate the fact that you are not some drunken driver, but a responsible citizen who has been caught in a legal gray area.

We shall search thoroughly every aspect of the interaction:

Was the officer justified (articulable suspicion) in the first place to confront and investigate your parked vehicle?

What about the matter of physical control?

Was a field sobriety test conducted correctly, seeing as you were not driving?

Did your implied consent warning have a proper reading?

Such technical defenses may either result in a conviction to be changed to a good verdict. Attorney James Yeargan and his team know the nuances of the defense of the real cases of physical control in challenging settings of the Cobb County courts.

Protect Your Future
It is a choice to sleep in your car at The Battery parking deck and it demonstrates that you want to be safe. It is inappropriate the fact that criminal history, driving permits, and employment may be put at risk by such a decision. Defend yourself not against Cobb County prosecutors. In case you have been apprehended in a parked car, then you have to act swiftly in order to defend your future. The only way of constructing a good defense that will emphasize on your responsible intent is by getting a competent DUI Attorney Atlanta.